Bill Text: IA SF356 | 2021-2022 | 89th General Assembly | Enrolled
Bill Title: A bill for an act limiting civil liability for persons involved in agricultural tourism. (Formerly SSB 1153.) Effective date: 07/01/2021.
Spectrum: Committee Bill
Status: (Passed) 2021-05-19 - Signed by Governor. S.J. 1140. [SF356 Detail]
Download: Iowa-2021-SF356-Enrolled.html
Senate
File
356
-
Enrolled
Senate
File
356
AN
ACT
LIMITING
CIVIL
LIABILITY
FOR
PERSONS
INVOLVED
IN
AGRICULTURAL
TOURISM.
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
Section
1.
NEW
SECTION
.
461C.10
Limitation
on
liability.
The
limitation
on
legal
liability
provided
in
this
chapter
is
in
addition
to
any
other
limitation
of
legal
liability
otherwise
provided
by
law,
including
as
provided
in
chapters
673
and
673A.
Sec.
2.
NEW
SECTION
.
673.6
Limitation
on
liability.
The
limitation
on
legal
liability
provided
in
this
chapter
is
in
addition
to
any
other
limitation
of
legal
liability
otherwise
provided
by
law,
including
as
provided
in
chapters
461C
and
673A.
Sec.
3.
NEW
SECTION
.
673A.1
Short
title.
This
chapter
shall
be
known
and
may
be
cited
as
the
“Iowa
Agricultural
Tourism
Promotion
Act”
.
Sec.
4.
NEW
SECTION
.
673A.2
Purpose.
1.
The
general
assembly
finds
all
of
the
following:
a.
Agriculture
is
a
vital
part
of
this
state’s
economy,
culture,
and
history.
b.
An
increasing
number
of
Iowans
are
removed
from
day-to-day
farm
life
and
associated
agricultural
experiences.
c.
Agricultural
tourism
provides
a
valuable
opportunity
for
the
general
public
to
understand
farm
life
and
associated
agricultural
experiences.
Senate
File
356,
p.
2
d.
Farming
includes
a
number
of
hazards
which
cannot
be
removed
for
the
benefit
of
visitors
to
a
farm
without
detracting
from
the
farm
experience
visitors
receive,
including
the
daily
experience
of
working
on
a
farm.
2.
The
general
assembly
declares
that
uncertainty
regarding
the
potential
liability
associated
with
places
on
a
farm
and
the
inherent
risks
of
farming
have
a
negative
impact
upon
the
establishment
and
success
of
agricultural
tourism
and
its
benefits
to
the
people
of
this
state.
Sec.
5.
NEW
SECTION
.
673A.3
Definitions.
As
used
in
this
chapter,
unless
the
context
otherwise
requires:
1.
“Agricultural
tourism
farm”
means
a
farm
to
which
members
of
the
public
are
invited
to
visit
by
or
on
behalf
of
an
agricultural
tourism
farmer
or
agricultural
tourism
professional,
for
the
purpose
of
allowing
members
of
the
public
to
experience
places
on
a
farm
and
participate
in
farming
activities,
regardless
of
whether
a
member
of
the
public
pays
for
the
visit.
2.
“Agricultural
tourism
farmer”
means
a
farmer
who
owns
or
leases
an
agricultural
tourism
farm.
3.
“Agricultural
tourism
professional”
means
a
person
who
is
engaged
in
managing
a
visit
by
a
member
of
the
public
to
an
agricultural
tourism
farm,
including
any
agricultural
tourism
activity
conducted
on
the
premises
of
an
agricultural
tourism
farm,
regardless
of
whether
the
person
receives
compensation.
4.
a.
“Agricultural
tourist”
means
a
person
who
enters
on
to
the
premises
of
an
agricultural
tourism
farm
as
a
visitor
to
experience
places
on
the
farm
and
participate
in
farming
activities
pursuant
to
an
invitation
by
or
on
behalf
of
an
agricultural
tourism
farmer
or
agricultural
tourism
professional,
regardless
of
whether
the
person
provides
compensation
in
exchange
for
the
visit.
b.
“Agricultural
tourist”
does
not
mean
any
of
the
following:
(1)
An
employee
of,
agent
of,
or
person
receiving
compensation
from
an
agricultural
tourism
farmer,
agricultural
tourism
professional,
or
person
engaged
in
farming
the
agricultural
tourism
farm.
Senate
File
356,
p.
3
(2)
(a)
A
family
member
of
an
agricultural
tourism
farmer,
agricultural
tourism
professional,
or
person
engaged
in
farming
the
agricultural
tourism
farm.
(b)
As
used
in
subparagraph
division
(a),
“family
member”
means
a
spouse,
child,
grandchild,
parent,
sibling,
niece,
or
nephew,
or
the
spouse
of
a
child,
grandchild,
parent,
sibling,
niece,
or
nephew.
(3)
A
social
guest
of
an
agricultural
tourism
farmer,
agricultural
tourism
professional,
or
person
engaged
in
farming
the
agricultural
tourism
farm.
5.
“Claim”
means
a
claim,
counterclaim,
cross-claim,
complaint,
cross-complaint,
or
cause
of
action
recognized
by
the
Iowa
rules
of
civil
procedure
and
brought
in
court
on
account
of
allegation
of
an
injury,
loss,
or
death.
6.
a.
“Farm”
means
land,
including
buildings
or
other
structures,
and
improvements
used
to
produce
or
process
a
farm
commodity,
if
all
of
the
following
apply:
(1)
The
land
is
owned
or
leased
by
a
farmer.
(2)
At
least
ten
thousand
dollars
was
generated
from
the
production
of
farm
commodities
produced
on
the
land
in
the
last
year.
b.
“Farm”
includes
but
is
not
limited
to
a
farm
field,
orchard,
nursery,
greenhouse,
garden,
elevator,
seedhouse,
barn,
warehouse,
animal
feeding
operation
structure,
winery,
brewery,
distillery,
or
any
personal
property
located
on
the
land
including
machinery
or
equipment
used
in
the
production
of
a
farm
commodity.
7.
“Farm
animal”
means
any
of
the
following:
a.
An
animal
belonging
to
the
bovine,
caprine,
ovine,
or
porcine
species;
farm
deer
as
defined
in
section
170.1;
ostriches,
rheas,
or
emus;
turkeys,
chickens,
or
other
poultry;
fish
or
other
aquatic
organisms
confined
in
private
waters
for
human
consumption;
or
bees.
b.
A
horse,
pony,
mule,
jenny,
donkey,
or
hinny.
8.
“Farm
commodity”
means
a
farm
crop
or
farm
animal
produced
or
maintained
on
a
farm.
9.
“Farm
crop”
means
a
plant
used
for
food,
animal
feed,
fiber,
or
oil,
including
any
of
the
following:
a.
A
forage
or
cereal
plant,
including
but
not
limited
to
Senate
File
356,
p.
4
alfalfa,
barley,
buckwheat,
corn,
flax,
forage,
millet,
oats,
popcorn,
rye,
sorghum,
soybeans,
sunflowers,
wheat,
and
grasses
used
for
forage
or
silage.
b.
Edible
or
ornamental
produce,
including
but
not
limited
to
fruit
such
as
apples,
cherries,
peaches,
pears,
berries,
and
grapes;
vegetables
such
as
asparagus,
broccoli,
and
carrots;
lentils;
tubers;
squashes
and
pumpkins;
gourds;
and
flowers.
10.
“Farmer”
means
a
person
who
holds
any
of
the
following:
a.
An
ownership
or
leasehold
interest
in
land
used
for
farming.
b.
An
equity
interest
in
a
business
entity
that
holds
land
for
use
in
farming
as
any
of
the
following:
(1)
A
family
farm
corporation,
authorized
farm
corporation,
family
farm
limited
partnership,
limited
partnership,
family
farm
limited
liability
company,
authorized
limited
liability
company,
family
trust,
or
authorized
trust,
all
as
defined
in
section
9H.1.
(2)
A
limited
liability
partnership
as
defined
in
section
486A.101.
11.
“Farming”
means
to
do
any
of
the
following:
a.
Produce
a
farm
commodity,
including
by
doing
any
of
the
following:
(1)
Planting,
nurturing,
maintaining,
inspecting,
exhibiting,
harvesting,
handling,
storing,
or
moving
a
farm
crop.
(2)
Producing,
breeding,
maintaining,
handling,
confining,
moving,
inspecting,
or
exhibiting
a
farm
animal.
b.
Engage
in
an
on-farm
processing
operation
in
which
the
form
or
condition
of
a
farm
commodity
originating
from
the
farm
is
changed
and
prepared
or
packaged
for
human
use,
including
but
not
limited
to
a
dairy,
creamery,
winery,
brewery,
distillery,
cannery,
bakery,
butcher
shop,
smokehouse,
or
tannery.
12.
a.
“Inherent
risk
of
farming”
means
a
danger
or
hazard
that
is
an
integral
part
of
being
in
a
particular
place
on
a
farm
or
participating
in
a
specific
farming
activity,
if
the
danger
or
hazard
would
be
reasonably
foreseeable
by
a
person
generally
familiar
with
that
type
of
farm
or
farming
activity.
b.
“Inherent
risk
of
farming”
includes
but
is
not
limited
Senate
File
356,
p.
5
to
a
condition
or
use
of
the
land,
including
improvements,
and
any
machinery,
equipment,
or
tack,
employed
in
the
production
or
maintenance
of
farm
commodities
on
the
land,
the
processing
of
commodities
on
the
same
land
as
they
were
produced,
and
the
behavior
of
farm
animals
or
other
domestic
or
wild
animals
which
are
present
on
the
land.
13.
“Person
engaged
in
farming”
means
an
individual
contributing
physical
labor
or
making
management
decisions
related
to
any
of
the
following:
a.
The
production
or
maintenance
of
a
farm
commodity
on
a
farm.
b.
The
on-farm
processing
of
a
farm
commodity
produced
or
maintained
on
that
same
farm.
Sec.
6.
NEW
SECTION
.
673A.4
Limitation
on
liability
——
inherent
risk
of
farming.
1.
Subject
to
the
conditions
of
this
chapter,
an
agricultural
tourism
farmer,
an
agricultural
tourism
professional,
or
a
person
engaged
in
farming
the
agricultural
tourism
farm
is
not
liable
for
any
act
or
omission
causing
injury,
loss,
or
death
suffered
by
an
agricultural
tourist
if
all
of
the
following
apply:
a.
The
injury,
loss,
or
death
was
caused
while
the
agricultural
tourist
was
visiting
the
agricultural
tourism
farm.
b.
The
act
or
omission
that
caused
the
injury,
loss,
or
death
was
associated
with
an
inherent
risk
of
farming.
2.
Subject
to
the
conditions
of
this
chapter,
an
agricultural
tourism
farmer,
an
agricultural
tourism
professional,
or
a
person
engaged
in
farming
on
the
agricultural
tourism
farm
is
not
liable
for
any
injury,
loss,
or
death
suffered
by
an
agricultural
tourist,
if
any
of
the
following
apply:
a.
The
agricultural
tourist
contributed
to
the
injury,
loss,
or
death
of
that
agricultural
tourist
or
to
another
agricultural
tourist.
b.
The
agricultural
tourist
failed
to
comply
with
reasonable
verbal
or
written
instructions
or
warnings
provided
by
the
agricultural
tourism
farmer,
the
agricultural
tourism
professional,
or
a
person
engaged
in
farming.
Senate
File
356,
p.
6
c.
The
injury,
loss,
or
death
occurred
at
a
place
where
a
reasonable
person
would
not
enter
as
part
of
a
visit
to
the
agricultural
tourism
farm.
A
legible
and
conspicuous
notice
that
the
place
is
not
part
of
a
visit
is
sufficient
to
satisfy
this
requirement.
Sec.
7.
NEW
SECTION
.
673A.5
Limitation
on
liability
——
affirmative
defense.
1.
In
any
claim
alleging
an
act
or
omission
causing
injury,
loss,
or
death
suffered
by
an
agricultural
tourist
on
an
agricultural
tourism
farm,
it
is
an
affirmative
defense
that
an
agricultural
tourism
farmer,
an
agricultural
tourism
professional,
or
a
person
engaged
in
farming
the
agricultural
tourism
farm
is
not
liable
pursuant
to
section
673A.4.
2.
The
affirmative
defense
described
in
subsection
1
is
in
addition
to
any
other
limitation
of
legal
liability
otherwise
provided
by
law,
including
as
provided
in
chapters
461C
and
673.
Sec.
8.
NEW
SECTION
.
673A.6
Limitation
on
liability
——
notice
required.
1.
As
a
condition
of
being
able
to
plead
an
affirmative
defense
as
provided
in
section
673A.5,
a
notice
of
the
inherent
risk
of
farming
must
have
been
provided
to
an
agricultural
tourist
prior
to
an
alleged
injury,
loss,
or
death
caused
by
the
agricultural
tourism
farmer,
agricultural
tourism
professional,
or
person
engaged
in
farming
the
agricultural
tourism
farm.
2.
A
notice
required
by
this
section
must
have
been
posted
on
the
premises
of
an
agricultural
tourism
farm.
The
notice
must
have
been
posted
in
a
conspicuous
location
where
the
agricultural
tourist
was
first
allowed
to
enter
the
premises
of
an
agricultural
tourism
farm.
The
notice
must
have
appeared
in
black
letters
a
minimum
of
one
inch
high
and
in
the
following
form:
IOWA
AGRICULTURAL
TOURISM
PROMOTION
ACT
IOWA
CODE
CHAPTER
673A
You
are
visiting
a
working
farm
as
a
participant
who
is
either
observing
or
contributing
to
the
success
of
farming
activities.
Under
Iowa
law
you
are
assuming
liability
for
any
hazard
that
you
may
encounter.
A
hazard
includes
inherent
risk
Senate
File
356,
p.
7
of
participating
in
a
farming
activity
or
disregarding
written
or
verbal
instructions.
Farming
includes
dangerous
conditions
present
on
land
and
in
structures,
unpredictable
behavior
of
farm
animals,
dangers
associated
with
the
operation
of
equipment
and
machinery,
and
potential
wrongful
acts
of
another
visitor.
Be
careful.
3.
A
notice
required
by
this
section
must
have
been
included
in
any
written
contract
entered
into
by
the
agricultural
tourist
and
either
the
agricultural
tourism
farmer
or
agricultural
tourism
professional.
A
notice
required
by
this
section
must
have
been
included
in
any
written
waiver
which
must
be
signed
and
dated
by
an
agricultural
tourist.
The
notice
must
have
included
the
same
language
provided
in
subsection
2
and
printed
in
twelve
point
boldface
type.
Sec.
9.
NEW
SECTION
.
673A.7
Limitation
on
liability
——
exceptions.
The
limitation
on
liability
provided
in
section
673A.4
and
the
affirmative
defense
authorized
under
section
673A.5
do
not
apply
to
the
extent
that
all
of
the
following
conditions
are
met:
1.
An
injury,
loss,
or
death
suffered
by
an
agricultural
tourist
was
caused
by
the
act
or
omission
of
an
agricultural
tourism
farmer,
an
agricultural
tourism
professional,
or
a
person
engaged
in
farming
on
the
agricultural
tourism
farm.
2.
The
act
or
omission
described
in
subsection
1
was
any
of
the
following:
a.
Illegal.
b.
Intentional.
c.
The
result
of
willful
misconduct,
gross
negligence
or
incompetence
amounting
to
such
lack
of
care
as
to
amount
to
wanton
neglect
for
the
safety
of
another,
or
recklessness.
d.
Due
to
intoxication
by
alcohol,
a
drug,
or
a
combination
of
such
substances.
e.
The
result
of
a
failure
to
notify
an
agricultural
tourist
of
a
dangerous
latent
condition
on
the
farm,
including
a
building
or
other
structure,
or
equipment
or
machinery
regardless
of
whether
it
was
operational,
if
the
dangerous
latent
condition
was
known
or
should
have
been
known
by
the
agricultural
tourism
farmer
or
agricultural
tourism
Senate
File
356,
p.
8
professional.
f.
A
condition
or
event
existing
at
the
agricultural
tourism
farm
that
was
not
reasonably
foreseeable
by
a
person
generally
familiar
with
farming,
even
though
such
condition
or
farming
activity
would
have
been
foreseeable
at
another
type
of
agricultural
tourism
farm.
______________________________
JAKE
CHAPMAN
President
of
the
Senate
______________________________
PAT
GRASSLEY
Speaker
of
the
House
I
hereby
certify
that
this
bill
originated
in
the
Senate
and
is
known
as
Senate
File
356,
Eighty-ninth
General
Assembly.
______________________________
W.
CHARLES
SMITHSON
Secretary
of
the
Senate
Approved
_______________,
2021
______________________________
KIM
REYNOLDS
Governor
