Iowa SF 356: A bill for an act limiting civil liability for persons involved in agricultural tourism. (Formerly SSB 1153.) Effective date: 07/01/2021.

Bill Text

Kim Reynolds
GOVERNOR
Office of the Governor Adam Gregg
LT GOVERNOR
May 19, 2021
The Honorable Paul Pate
Secretary of State of Iowa
State Capitol
Des Moines, Iowa 50319
Dear Mr. Secretary,
I hereby transmit:
Senate File 356, an Act limiting civil liability for persons involved in agricultural tourism.
The above Senate File is hereby approved on this date.
Sincerely,
KinI*^^^olds
Governor ol Iowa
cc: Secretary of the Senate
Clerk of the House
STATE CAPITOL DES MOINES, IOWA 50319 515.281.5211 FAX 515.725.3527 WWW.GOVERNOR.IOWA.GOV

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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 '^Jowa
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 lowans 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 gener