1.1.................... moves to amend H.F. No. 625 as follows:
1.2Delete everything after the enacting clause and insert:
1.3 "Section 1. Minnesota Statutes 2010, section 604A.12, is amended to read:
1.4604A.12 LIVESTOCK ACTIVITIES; IMMUNITY FROM LIABILITY.
1.5 Subdivision 1.
Definitions. (a) For purposes of this section, the following terms
1.6have the meanings given them.
1.7(b) "Inherent risks of livestock activities" means dangers or conditions that are an
1.8integral part of livestock activities, including:
1.9(1) the propensity of livestock to behave in ways that may result in death or injury to
1.10persons on or around them, such as kicking, biting,
or bucking
, or charging;
1.11(2) the unpredictability of livestock's reaction to things like sound, sudden
1.12movement, unfamiliar objects, persons, or other animals;
1.13(3) natural hazards such as surface or subsurface conditions; or
1.14(4) collisions with other livestock or objects.
1.15(c) "Livestock" means cattle, sheep, swine, horses, ponies, donkeys, mules, hinnies,
1.16goats, buffalo, llamas, or poultry.
1.17(d) "Livestock activity" means an activity involving the maintenance or use of
1.18livestock, regardless of whether the activity is open to the general public,
and, except in
1.19the case of livestock grazing under clause (7), provided the activity is not performed for
1.20profit. Livestock activity includes:
1.21(1) livestock production;
1.22(2) loading, unloading, or transporting livestock;
1.23(3) livestock shows, fairs, competitions, performances, races, rodeos, or parades;
1.24(4) livestock training or teaching activities;
1.25(5) boarding, shoeing, or grooming livestock;
or
1.26(6) riding or inspecting livestock or livestock equipment
; or
2.1(7) the use of state property for livestock grazing, pursuant to an agreement with the
2.2commissioner of natural resources.
2.3(e) "Livestock activity sponsor" means a person who sponsors, organizes, or
2.4provides the facilities for a livestock activity that is open to the general public.
2.5(f) "Participant" means a person who directly and intentionally engages in a livestock
2.6activity. Participant does not include a spectator who is in an authorized area.
2.7 Subd. 2.
Immunity from liability; livestock events. Except as provided in
2.8subdivision 3, A nonprofit corporation, association, or organization, or a person or other
2.9entity donating services, livestock, facilities, or equipment for the use of a nonprofit
2.10corporation, association, or organization, is not liable for the death of or an injury to a
2.11participant resulting from the inherent risks of livestock activities.
2.12 Subd. 3.
Exceptions; livestock events. Subdivision 2 does not apply if any of
2.13the following exist:
2.14(1) the person provided livestock for the participant and failed to make reasonable
2.15efforts to determine the ability of the participant to safely engage in the livestock activity
2.16or to determine the ability of the participant to safely manage the particular livestock
2.17based on the participant's representations of the participant's ability;
2.18(2) the person provided equipment or tack for the livestock and knew or should have
2.19known that it was faulty to the extent that it caused the injury or death;
2.20(3) the person owns or leases the land upon which a participant was injured or died
2.21because of a human-made dangerous latent condition and failed to use reasonable care
2.22to protect the participant;
2.23(4) the person is a livestock activity sponsor and fails to comply with the notice
2.24requirement of subdivision 4; or
2.25(5) the act or omission of the person was willful or negligent.
2.26 Subd. 3a Immunity from liability; grazing on public lands. (a) Any person or
2.27entity grazing livestock on state lands under agreement with the commissioner of natural
2.28resources is not liable for damage to property or the death of or an injury to a person due
2.29to the inherent risks of livestock activities.
2.30(b) This subdivision does not apply if the person or entity grazing the livestock:
2.31(1) fails to exercise reasonable care in using the land for grazing or in managing
2.32the livestock; or
2.33(2) maintains a condition in material violation of an agreement with the
2.34commissioner of natural resources for use of the land, and the condition contributed
2.35to the damage, death, or injury.
3.1 Subd. 4.
Posting notice. (a) A livestock activity sponsor shall post plainly visible
3.2signs at one or more prominent locations in the premises where the livestock activity takes
3.3place that include a warning of the inherent risks of livestock activity and the limitation of
3.4liability under this section.
3.5(b) The commissioner of natural resources shall post plainly visible signs at one or
3.6more prominent locations on any state property being used for grazing purposes pursuant
3.7to an agreement with the commissioner. The signs shall include a warning of the inherent
3.8risks of livestock activity, and the limitations of liability provided in this section and
3.9any other applicable law.
3.10EFFECTIVE DATE; APPLICABILITY.This section is effective the day
3.11following final enactment and applies to causes of action arising on or after that date. The
3.12commissioner shall post notice as required by subdivision 4 on any property subject
3.13to a livestock grazing agreement on the effective date of this section within 60 days of
3.14that date."
3.15Amend the title accordingly