SF 362 — 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.

Senate File 362 - IntroducedEnrolled SENATESenate FILEFile 362 BYAN COMMITTEEACT ONBARRING AGRICULTURECLAIMS (SUCCESSORAGAINST TOFAIRS SF 210) A BILL FOR AnDAMAGES ActARISING barringOUT claimsOF againstTHE fairsTRANSMISSION forOF damagesPATHOGENS arisingFROM outCERTAIN ofANIMALS theHOUSED transmissionON ofTHE pathogensFAIRGROUNDS. from certain animals housed on the fairgrounds.

TLSBSection 1565SV1. (4) 87 da/nh S.F.

362 Section 1.

NEWSenate SUBSECTIONFile .362, p.

2 NEW SUBSECTION .

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 LSBdomesticated 1565SVanimal (4)premises 87as -1-required da/nhin 1/3section S.F.673.5.

362 domesticated animal premises as required in section 673.5.

As soon as possible after your visit, thoroughly cleanse your handsSenate usingFile an362, appropriatep. soap and water and thoroughly dry them after cleansing.

EXPLANATION3 Thehands inclusionusing ofan thisappropriate explanationsoap doesand notwater constituteand agreementthoroughly withdry thethem explanation’safter substancecleansing. by the members of the general assembly.

GENERAL.______________________________ ______________________________ JACK WHITVER LINDA UPMEYER President of the Senate Speaker of the House I hereby certify that this bill originated in the Senate and is known as Senate File 362, Eighty-seventh General Assembly.

This______________________________ billW. provides that the state fair or a county or district fair is not liable for damages sought by a person who alleges an injury or death caused by a pathogen transmitted from a location at a fair where an animal is kept for more than three hours.

TERMS.CHARLES SMITHSON Secretary of the Senate Approved _______________, 2017 ______________________________ TERRY E.

AnBRANSTAD animalGovernor is limited to livestock, domesticated deer, llamas, and rabbits and is referred to as a “domesticated animal”.

A pathogen is a microorganism, biological agent, or toxin causing disease, illness, or death, carried by a domesticated animal, and is referred to as a “domesticated animal pathogen”.

The location where the domesticated animal is kept is referred to as a “domesticated animal premises”.

REQUIREMENTS.

The bill requires a fair to post a LSB 1565SV (4) 87 -2- da/nh 2/3 S.F.

362 conspicuously placed warning sign notifying participants and spectators that they must use necessary sanitary precautions during and after the visit.

The bill also provides that a fair’s failure to post the sign does not constitute proof of the fair’s liability.

BACKGROUND.

The bill amends Code chapter 673, which limits the liability of a person termed a “domesticated animal activity sponsor”, including the state fair or a county or district fair, from being liable to a spectator for assuming inherent risks of physical injury or death caused by a domesticated animal while engaged in an activity normally associated with that animal (e.g., horseback riding), and referred to as a “domesticated animal activity”.

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