Bill Text: IA SSB1153 | 2021-2022 | 89th General Assembly | Introduced
Bill Title: A bill for an act limiting civil liability for persons involved in agricultural tourism.(See SF 356.)
Spectrum: Committee Bill
Status: (Introduced - Dead) 2021-02-11 - Committee report approving bill, renumbered as SF 356. [SSB1153 Detail]
Download: Iowa-2021-SSB1153-Introduced.html
Senate
Study
Bill
1153
-
Introduced
SENATE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
AGRICULTURE
BILL
BY
CHAIRPERSON
ZUMBACH)
A
BILL
FOR
An
Act
limiting
civil
liability
for
persons
involved
in
1
agricultural
tourism.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
TLSB
1582XC
(4)
89
da/ns
S.F.
_____
Section
1.
NEW
SECTION
.
461C.10
Limitation
on
liability.
1
The
limitation
on
legal
liability
provided
in
this
chapter
2
is
in
addition
to
any
other
limitation
of
legal
liability
3
otherwise
provided
by
law,
including
as
provided
in
chapters
4
673
and
673A.
5
Sec.
2.
NEW
SECTION
.
673.6
Limitation
on
liability.
6
The
limitation
on
legal
liability
provided
in
this
chapter
7
is
in
addition
to
any
other
limitation
of
legal
liability
8
otherwise
provided
by
law,
including
as
provided
in
chapters
9
461C
and
673A.
10
Sec.
3.
NEW
SECTION
.
673A.1
Short
title.
11
This
chapter
shall
be
known
and
may
be
cited
as
the
“Iowa
12
Agricultural
Tourism
Promotion
Act”
.
13
Sec.
4.
NEW
SECTION
.
673A.2
Purpose.
14
1.
The
general
assembly
finds
all
of
the
following:
15
a.
Agriculture
is
a
vital
part
of
this
state’s
economy,
16
culture,
and
history.
17
b.
An
increasing
number
of
Iowans
are
removed
from
18
day-to-day
farm
life
and
associated
agricultural
experiences.
19
c.
Agricultural
tourism
provides
a
valuable
opportunity
20
for
the
general
public
to
understand
farm
life
and
associated
21
agricultural
experiences.
22
d.
Farming
includes
a
number
of
hazards
which
cannot
23
be
removed
for
the
benefit
of
visitors
to
a
farm
without
24
detracting
from
the
farm
experience
visitors
receive,
including
25
the
daily
experience
of
working
on
a
farm.
26
2.
The
general
assembly
declares
that
uncertainty
regarding
27
the
potential
liability
associated
with
places
on
a
farm
and
28
the
inherent
risks
of
farming
have
a
negative
impact
upon
the
29
establishment
and
success
of
agricultural
tourism
and
its
30
benefits
to
the
people
of
this
state.
31
Sec.
5.
NEW
SECTION
.
673A.3
Definitions.
32
As
used
in
this
chapter,
unless
the
context
otherwise
33
requires:
34
1.
“Agricultural
tourism
farm”
means
a
farm
to
which
35
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S.F.
_____
members
of
the
public
are
invited
to
visit
by
or
on
behalf
1
of
an
agricultural
tourism
farmer
or
agricultural
tourism
2
professional,
for
the
purpose
of
allowing
members
of
the
public
3
to
experience
places
on
a
farm
and
participate
in
farming
4
activities,
regardless
of
whether
a
member
of
the
public
pays
5
for
the
visit.
6
2.
“Agricultural
tourism
farmer”
means
a
farmer
who
owns
or
7
leases
an
agricultural
tourism
farm.
8
3.
“Agricultural
tourism
professional”
means
a
person
who
9
is
engaged
in
managing
a
visit
by
a
member
of
the
public
to
an
10
agricultural
tourism
farm,
including
any
agricultural
tourism
11
activity
conducted
on
the
premises
of
an
agricultural
tourism
12
farm,
regardless
of
whether
the
person
receives
compensation.
13
4.
a.
“Agricultural
tourist”
means
a
person
who
enters
14
on
to
the
premises
of
an
agricultural
tourism
farm
as
a
15
visitor
to
experience
places
on
the
farm
and
participate
in
16
farming
activities
pursuant
to
an
invitation
by
or
on
behalf
17
of
an
agricultural
tourism
farmer
or
agricultural
tourism
18
professional,
regardless
of
whether
the
person
provides
19
compensation
in
exchange
for
the
visit.
20
b.
“Agricultural
tourist”
does
not
mean
any
of
the
21
following:
22
(1)
An
employee
of,
agent
of,
or
person
receiving
23
compensation
from
an
agricultural
tourism
farmer,
agricultural
24
tourism
professional,
or
person
engaged
in
farming
the
25
agricultural
tourism
farm.
26
(2)
(a)
A
family
member
of
an
agricultural
tourism
farmer,
27
agricultural
tourism
professional,
or
person
engaged
in
farming
28
the
agricultural
tourism
farm.
29
(b)
As
used
in
subparagraph
division
(a),
“family
member”
30
means
a
spouse,
child,
grandchild,
parent,
sibling,
niece,
or
31
nephew,
or
the
spouse
of
a
child,
grandchild,
parent,
sibling,
32
niece,
or
nephew.
33
(3)
A
social
guest
of
an
agricultural
tourism
farmer,
34
agricultural
tourism
professional,
or
person
engaged
in
farming
35
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_____
the
agricultural
tourism
farm.
1
5.
“Claim”
means
a
claim,
counterclaim,
cross-claim,
2
complaint,
cross-complaint,
or
cause
of
action
recognized
by
3
the
Iowa
rules
of
civil
procedure
and
brought
in
court
on
4
account
of
allegation
of
an
injury,
loss,
or
death.
5
6.
a.
“Farm”
means
land,
including
buildings
or
other
6
structures,
and
improvements
used
to
produce
or
process
a
farm
7
commodity,
if
all
of
the
following
apply:
8
(1)
The
land
includes
at
least
forty
contiguous
acres
of
9
land
used
for
farming.
10
(2)
The
land
includes
a
homestead
as
defined
in
section
11
425.17.
12
(3)
The
land
is
owned
or
leased
by
a
farmer.
13
(4)
At
least
ten
thousand
dollars
was
generated
from
the
14
production
of
farm
commodities
produced
on
the
land
in
the
last
15
year.
16
b.
“Farm”
includes
but
is
not
limited
to
a
farm
field,
17
orchard,
nursery,
greenhouse,
garden,
elevator,
seedhouse,
18
barn,
warehouse,
animal
feeding
operation
structure,
winery,
19
brewery,
distillery,
or
any
personal
property
located
on
the
20
land
including
machinery
or
equipment
used
in
the
production
of
21
a
farm
commodity.
22
7.
“Farm
animal”
means
any
of
the
following:
23
a.
An
animal
belonging
to
the
bovine,
caprine,
ovine,
24
or
porcine
species;
farm
deer
as
defined
in
section
170.1;
25
ostriches,
rheas,
or
emus;
turkeys,
chickens,
or
other
poultry;
26
fish
or
other
aquatic
organisms
confined
in
private
waters
for
27
human
consumption;
or
bees.
28
b.
A
horse,
pony,
mule,
jenny,
donkey,
or
hinny.
29
8.
“Farm
commodity”
means
a
farm
crop
or
farm
animal
30
produced
or
maintained
on
a
farm.
31
9.
“Farm
crop”
means
a
plant
used
for
food,
animal
feed,
32
fiber,
or
oil,
including
any
of
the
following:
33
a.
A
forage
or
cereal
plant,
including
but
not
limited
to
34
alfalfa,
barley,
buckwheat,
corn,
flax,
forage,
millet,
oats,
35
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S.F.
_____
popcorn,
rye,
sorghum,
soybeans,
sunflowers,
wheat,
and
grasses
1
used
for
forage
or
silage.
2
b.
A
fruit,
including
but
not
limited
to
apples,
peaches,
or
3
grapes,
a
berry,
a
tuber,
or
a
vegetable.
4
10.
“Farmer”
means
a
person
who
holds
any
of
the
following:
5
a.
An
ownership
or
leasehold
interest
in
land
used
for
6
farming.
7
b.
An
equity
interest
in
a
business
entity
that
holds
land
8
for
use
in
farming
as
any
of
the
following:
9
(1)
A
family
farm
corporation,
authorized
farm
corporation,
10
family
farm
limited
partnership,
limited
partnership,
family
11
farm
limited
liability
company,
authorized
limited
liability
12
company,
family
trust,
or
authorized
trust,
all
as
defined
in
13
section
9H.1.
14
(2)
A
limited
liability
partnership
as
defined
in
section
15
486A.101.
16
11.
“Farming”
means
to
do
any
of
the
following:
17
a.
Produce
a
farm
commodity,
including
by
doing
any
of
the
18
following:
19
(1)
Planting,
nurturing,
maintaining,
inspecting,
20
exhibiting,
harvesting,
handling,
storing,
or
moving
a
farm
21
crop.
22
(2)
Producing,
breeding,
maintaining,
handling,
confining,
23
moving,
inspecting,
or
exhibiting
a
farm
animal.
24
b.
Engage
in
an
on-farm
processing
operation
in
which
25
the
form
or
condition
of
a
farm
commodity
originating
from
26
the
farm
is
changed
and
prepared
or
packaged
for
human
use,
27
including
but
not
limited
to
a
dairy,
creamery,
winery,
28
brewery,
distillery,
cannery,
bakery,
butcher
shop,
smokehouse,
29
or
tannery.
30
12.
a.
“Inherent
risk
of
farming”
means
a
danger
or
hazard
31
that
is
an
integral
part
of
being
in
a
particular
place
on
a
32
farm
or
participating
in
a
specific
farming
activity,
if
the
33
danger
or
hazard
would
be
reasonably
foreseeable
by
a
person
34
generally
familiar
with
that
type
of
farm
or
farming
activity.
35
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_____
b.
“Inherent
risk
of
farming”
includes
but
is
not
limited
1
to
a
condition
or
use
of
the
land,
including
improvements,
and
2
any
machinery,
equipment,
or
tack,
employed
in
the
production
3
or
maintenance
of
farm
commodities
on
the
land,
the
processing
4
of
commodities
on
the
same
land
as
they
were
produced,
and
the
5
behavior
of
farm
animals
or
other
domestic
or
wild
animals
6
which
are
present
on
the
land.
7
13.
“Person
engaged
in
farming”
means
an
individual
8
contributing
physical
labor
or
making
management
decisions
9
related
to
any
of
the
following:
10
a.
The
production
or
maintenance
of
a
farm
commodity
on
a
11
farm.
12
b.
The
on-farm
processing
of
a
farm
commodity
produced
or
13
maintained
on
that
same
farm.
14
Sec.
6.
NEW
SECTION
.
673A.4
Limitation
on
liability
——
15
inherent
risk
of
farming.
16
1.
Subject
to
the
conditions
of
this
chapter,
an
17
agricultural
tourism
farmer,
an
agricultural
tourism
18
professional,
or
a
person
engaged
in
farming
the
agricultural
19
tourism
farm
is
not
liable
for
any
act
or
omission
causing
20
injury,
loss,
or
death
suffered
by
an
agricultural
tourist
if
21
all
of
the
following
apply:
22
a.
The
injury,
loss,
or
death
was
caused
while
the
23
agricultural
tourist
was
visiting
the
agricultural
tourism
24
farm.
25
b.
The
act
or
omission
that
caused
the
injury,
loss,
or
26
death
was
associated
with
an
inherent
risk
of
farming.
27
2.
Subject
to
the
conditions
of
this
chapter,
an
28
agricultural
tourism
farmer,
an
agricultural
tourism
29
professional,
or
a
person
engaged
in
farming
on
the
30
agricultural
tourism
farm
is
not
liable
for
any
injury,
loss,
31
or
death
suffered
by
an
agricultural
tourist,
if
any
of
the
32
following
apply:
33
a.
The
agricultural
tourist
contributed
to
the
injury,
34
loss,
or
death
of
that
agricultural
tourist
or
to
another
35
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_____
agricultural
tourist.
1
b.
The
agricultural
tourist
failed
to
comply
with
reasonable
2
verbal
or
written
instructions
or
warnings
provided
by
3
the
agricultural
tourism
farmer,
the
agricultural
tourism
4
professional,
or
a
person
engaged
in
farming.
5
c.
The
injury,
loss,
or
death
occurred
at
a
place
where
a
6
reasonable
person
would
not
enter
as
part
of
a
visit
to
the
7
agricultural
tourism
farm.
A
legible
and
conspicuous
notice
8
that
the
place
is
not
part
of
a
visit
is
sufficient
to
satisfy
9
this
requirement.
10
Sec.
7.
NEW
SECTION
.
673A.5
Limitation
on
liability
——
11
affirmative
defense.
12
1.
In
any
claim
alleging
an
act
or
omission
causing
13
injury,
loss,
or
death
suffered
by
an
agricultural
tourist
on
14
an
agricultural
tourism
farm,
it
is
an
affirmative
defense
15
that
an
agricultural
tourism
farmer,
an
agricultural
tourism
16
professional,
or
a
person
engaged
in
farming
the
agricultural
17
tourism
farm
is
not
liable
pursuant
to
section
673A.4.
18
2.
The
affirmative
defense
described
in
subsection
1
is
in
19
addition
to
any
other
limitation
of
legal
liability
otherwise
20
provided
by
law,
including
as
provided
in
chapters
461C
and
21
673.
22
Sec.
8.
NEW
SECTION
.
673A.6
Limitation
on
liability
——
23
notice
required.
24
1.
As
a
condition
of
being
able
to
plead
an
affirmative
25
defense
as
provided
in
section
673A.5,
a
notice
of
the
inherent
26
risk
of
farming
must
have
been
provided
to
an
agricultural
27
tourist
prior
to
an
alleged
injury,
loss,
or
death
caused
28
by
the
agricultural
tourism
farmer,
agricultural
tourism
29
professional,
or
person
engaged
in
farming
the
agricultural
30
tourism
farm.
31
2.
A
notice
required
by
this
section
must
have
been
posted
32
on
the
premises
of
an
agricultural
tourism
farm.
The
notice
33
must
have
been
posted
in
a
conspicuous
location
where
the
34
agricultural
tourist
was
first
allowed
to
enter
the
premises
of
35
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_____
an
agricultural
tourism
farm.
The
notice
must
have
appeared
in
1
black
letters
a
minimum
of
one
inch
high
and
in
the
following
2
form:
3
IOWA
AGRICULTURAL
TOURISM
PROMOTION
ACT
4
IOWA
CODE
CHAPTER
673A
5
You
are
visiting
a
working
farm
as
a
participant
who
is
6
either
observing
or
contributing
to
the
success
of
farming
7
activities.
Under
Iowa
law
you
are
assuming
liability
for
any
8
hazard
that
you
may
encounter.
A
hazard
includes
inherent
risk
9
of
participating
in
a
farming
activity
or
disregarding
written
10
or
verbal
instructions.
Farming
includes
dangerous
conditions
11
present
on
land
and
in
structures,
unpredictable
behavior
12
of
farm
animals,
dangers
associated
with
the
operation
of
13
equipment
and
machinery,
and
potential
wrongful
acts
of
another
14
visitor.
Be
careful.
15
3.
A
notice
required
by
this
section
must
have
been
included
16
in
any
written
contract
entered
into
by
the
agricultural
17
tourist
and
either
the
agricultural
tourism
farmer
or
18
agricultural
tourism
professional.
A
notice
required
by
19
this
section
must
have
been
included
in
any
written
waiver
20
which
must
be
signed
and
dated
by
an
agricultural
tourist.
21
The
notice
must
have
included
the
same
language
provided
in
22
subsection
2
and
printed
in
twelve
point
boldface
type.
23
Sec.
9.
NEW
SECTION
.
673A.7
Limitation
on
liability
——
24
exceptions.
25
The
limitation
on
liability
provided
in
section
673A.4
and
26
the
affirmative
defense
authorized
under
section
673A.5
do
not
27
apply
to
the
extent
that
all
of
the
following
conditions
are
28
met:
29
1.
An
injury,
loss,
or
death
suffered
by
an
agricultural
30
tourist
was
caused
by
the
act
or
omission
of
an
agricultural
31
tourism
farmer,
an
agricultural
tourism
professional,
or
a
32
person
engaged
in
farming
on
the
agricultural
tourism
farm.
33
2.
The
act
or
omission
described
in
subsection
1
was
any
of
34
the
following:
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a.
Illegal.
1
b.
Intentional.
2
c.
The
result
of
willful
misconduct,
gross
negligence
or
3
incompetence
amounting
to
such
lack
of
care
as
to
amount
to
4
wanton
neglect
for
the
safety
of
another,
or
recklessness.
5
d.
Due
to
intoxication
by
alcohol,
a
drug,
or
a
combination
6
of
such
substances.
7
e.
The
result
of
a
failure
to
notify
an
agricultural
8
tourist
of
a
dangerous
latent
condition
on
the
farm,
including
9
a
building
or
other
structure,
or
equipment
or
machinery
10
regardless
of
whether
it
was
operational,
if
the
dangerous
11
latent
condition
was
known
or
should
have
been
known
by
12
the
agricultural
tourism
farmer
or
agricultural
tourism
13
professional.
14
f.
A
condition
or
event
existing
at
the
agricultural
15
tourism
farm
that
was
not
reasonably
foreseeable
by
a
person
16
generally
familiar
with
farming,
even
though
such
condition
or
17
farming
activity
would
have
been
foreseeable
at
another
type
18
of
agricultural
tourism
farm.
19
EXPLANATION
20
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
21
the
explanation’s
substance
by
the
members
of
the
general
assembly.
22
This
bill
creates
a
new
Code
chapter
673A
referred
to
as
the
23
“Iowa
Agricultural
Tourism
Promotion
Act”
(new
Code
section
24
673A.1).
The
bill
limits
the
liability
of
certain
persons
25
involved
in
agricultural
tourism
on
a
farm
(agricultural
26
tourism
farm)
when
a
cause
of
action
by
a
visitor
to
the
farm
27
(agricultural
tourist)
alleges
an
injury,
loss,
or
death
due
28
to
any
of
the
following:
(1)
an
inherent
risk
of
farming
29
associated
with
a
farming
activity,
(2)
the
failure
of
the
30
agricultural
tourist
to
comply
with
an
instruction
while
31
visiting
the
farm,
or
(3)
the
injury,
loss,
or
death
occurred
32
at
a
place
a
reasonable
person
would
not
enter,
which
may
be
33
based
on
a
posted
notice
(new
Code
section
673A.4).
34
The
bill
provides
that
a
farming
activity
includes
both
the
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production
or
maintenance
of
a
farm
commodity
(farm
animals
1
and
crops)
on
the
agricultural
tourism
farm
and
the
on-farm
2
processing
of
a
farm
commodity
produced
or
maintained
on
that
3
farm.
The
persons
shielded
from
liability
include
a
person
4
who
owns
or
leases
the
agricultural
tourism
farm
(agricultural
5
tourism
farmer),
a
person
engaged
in
managing
the
visit
6
(agricultural
tourism
professional),
and
a
person
contributing
7
labor
or
managerial
decision
making
to
the
farm’s
operation
8
(person
engaged
in
farming)
(new
Code
sections
673A.3
and
9
673A.4).
As
a
condition
of
being
able
to
plead
an
affirmative
10
defense
to
liability,
a
notice
must
be
posted
in
a
conspicuous
11
location
where
the
agricultural
tourist
is
first
allowed
to
12
enter
the
premises.
The
notice
must
also
be
placed
in
any
13
associated
contract
or
waiver
executed
by
the
agricultural
14
tourist
(new
Code
section
673A.6).
15
The
bill
provides
for
several
exceptions
to
the
shield
16
from
liability,
including
if
an
act
or
omission
was
illegal;
17
intentional;
the
result
of
willful
misconduct,
gross
negligence
18
or
incompetence,
or
recklessness;
due
to
intoxication;
due
to
a
19
failure
to
notify
an
agricultural
tourist
of
a
dangerous
latent
20
condition
on
the
farm;
or
due
to
a
condition
or
event
existing
21
at
the
agricultural
tourism
farm
that
was
not
reasonably
22
foreseeable
(new
Code
section
673A.7).
23
The
bill
provides
that
other
statutes
that
shield
liability
24
for
an
act
or
omission
may
be
asserted
in
addition
to
the
25
shield
created
in
the
bill.
This
includes
Code
chapter
461C,
26
which
limits
liability
of
landholders
who
make
land
available
27
for
recreational
purposes
and
deer
control,
and
Code
chapter
28
673,
which
limits
liability
of
persons
involved
in
sponsoring
29
domestic
animal
events
(e.g.,
fairs,
rodeos,
and
expositions).
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