Bill Text: IA SF362 | 2017-2018 | 87th General Assembly | Enrolled

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Bill Title: A bill for an act barring claims against fairs for damages arising out of the transmission of pathogens from certain animals housed on the fairgrounds. (Formerly SF 210.) Effective 7-1-17.

Sponsorship: Committee Bill

Status: (Passed) 2017-04-20 - Signed by Governor. S.J. 1113. [SF362 Detail]

Download: Iowa-2017-SF362-Enrolled.html

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Senate File 362 - Enrolled




                              SENATE FILE       
                              BY  COMMITTEE ON
                                  AGRICULTURE

                              (SUCCESSOR TO SF 210)
 \5
                                   A BILL FOR
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                                        Senate File 362

                             AN ACT
 BARRING 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
 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 WHITVER


                                                                                            LINDA UPMEYER


                                                                                            W. CHARLES SMITH


                                                                                            TERRY E. BRANSTA

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