HF 154

as introduced - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to civil actions; modifying provisions 
  1.3             governing liability for livestock activities; amending 
  1.4             Minnesota Statutes 1996, section 604A.12, subdivisions 
  1.5             1 and 2. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  Minnesota Statutes 1996, section 604A.12, 
  1.8   subdivision 1, is amended to read: 
  1.9      Subdivision 1.  [DEFINITIONS.] (a) For purposes of this 
  1.10  section, the following terms have the meanings given them. 
  1.11     (b) "Inherent risks of livestock activities" means dangers 
  1.12  or conditions that are an integral part of livestock activities, 
  1.13  including: 
  1.14     (1) the propensity of livestock to behave in ways that may 
  1.15  result in death or injury to persons on or around them, such as 
  1.16  kicking, biting, or bucking; 
  1.17     (2) the unpredictability of livestock's reaction to things 
  1.18  like sound, sudden movement, unfamiliar objects, persons, or 
  1.19  other animals; 
  1.20     (3) natural hazards such as surface or subsurface 
  1.21  conditions; or 
  1.22     (4) collisions with other livestock or objects. 
  1.23     (c) "Livestock" means cattle, sheep, swine, horses, ponies, 
  1.24  donkeys, mules, hinnies, goats, buffalo, llamas, or poultry. 
  1.25     (d) "Livestock activity" means an activity involving the 
  2.1   maintenance or use of livestock, regardless of whether the 
  2.2   activity is open to the general public, provided the activity is 
  2.3   not performed for profit.  Livestock activity includes: 
  2.4      (1) livestock production; 
  2.5      (2) loading, unloading, or transporting livestock; 
  2.6      (3) livestock shows, fairs, competitions, performances, 
  2.7   races, rodeos, or parades; 
  2.8      (4) livestock training or teaching activities; 
  2.9      (5) boarding, shoeing, or grooming livestock; or 
  2.10     (6) riding or inspecting livestock or livestock equipment. 
  2.11     (e) "Livestock activity sponsor" means a person who 
  2.12  sponsors, organizes, or provides the facilities for a livestock 
  2.13  activity that is open to the general public. 
  2.14     (f) "Participant" means a person who directly and 
  2.15  intentionally engages in a livestock activity.  Participant does 
  2.16  not include a spectator who is in an authorized area. 
  2.17     Sec. 2.  Minnesota Statutes 1996, section 604A.12, 
  2.18  subdivision 2, is amended to read: 
  2.19     Subd. 2.  [IMMUNITY FROM LIABILITY.] Except as provided in 
  2.20  subdivision 3, a nonprofit corporation, association, or 
  2.21  organization, or a person or other entity donating services, 
  2.22  livestock, facilities, or equipment for the use of a nonprofit 
  2.23  corporation, association, or organization, person is not liable 
  2.24  for the death of or an injury to a participant resulting from 
  2.25  the inherent risks of livestock activities. 
  2.26     Sec. 3.  [EFFECTIVE DATE; APPLICATION.] 
  2.27     Sections 1 and 2 are effective August 1, 1997, and apply to 
  2.28  causes of action arising on or after that date.