HB2176ham001 102ND GENERAL ASSEMBLY

Rep. Charles Meier

Filed: 3/18/2021

10200HB2176ham001 LRB102 12410 LNS 22977 a

AMENDMENT TO HOUSE BILL 2176

AMENDMENT NO. ______. Amend House Bill 2176 by replacing everything after the enacting clause with the following:

"Section 1. Short title. This Act may be cited as the Agritourism Liability Act.

Section 5. Findings. The General Assembly finds that agriculture plays a substantial role in the economy, culture, and history of this State. As an increasing number of State citizens are removed from day-to-day agricultural experiences, agritourism provides a valuable educational opportunity for the public to interact with, experience, and understand agriculture. In addition, agritourism opportunities provide valuable options for agricultural producers and rural residents to maintain their operations and continue a tradition of economic development in rural areas. On farms and ranches, inherent risks exist that are essentially impossible for agritourism operators to eliminate. Uncertainty surrounding potential liabilities associated with inherent risks negatively impacts the establishment, growth, and success of agritourism operations. The purpose of this Act is to define areas of responsibility and liability for agritourism operators and participants.

Section 10. Definitions. As used in this Act:

"Agritourism activity" means any activity carried out on a farm or ranch that allows members of the general public, for recreational, entertainment, or educational purposes, to view or enjoy rural activities. "Agritourism activity" includes, but is not limited to: farming; ranching; historic, cultural, and on-site educational programs; guided and self-guided tours; animal exhibitions; farm festivals; corn mazes; harvest-your-own operations; hayrides; fishing; hiking; and camping.

"Agritourism operator" means any person or business providing one or more agritourism activities, whether or not for compensation.

"Inherent risks of agritourism activity" means those dangers or conditions that are an integral part of an agritourism activity, such as surface and subsurface conditions, natural conditions of land, vegetation, waters, the behavior of wild or domestic animals or insects, and ordinary dangers of structures or equipment when the structures or equipment are being used or stored by an agritourism provider in a manner and for a purpose for which a reasonable person should know that structures or equipment is intended in the ordinary use on farming and ranching operations. "Inherent risks of agritourism activity" includes the potential of a participant to act in a negligent manner that may contribute to injury to the participant or others, such as failing to follow instructions given by the agritourism operator or failing to exercise reasonable caution while engaging in the agritourism activity.

"Participant" means any person, other than the agritourism operator, who engages in an agritourism activity.

Section 15. Liability.

(a) Except as provided in Section 20, an agritourism operator is not liable for the injury or death of a participant resulting from the inherent risks of agritourism activities if the warning notice contained in Section 30 is posted as required.

(b) Except as provided in Section 20, a participant assumes the inherent risks of an agritourism activity by engaging in the agritourism activity.

(c) Except as provided in Section 20, no participant or participant's representative may pursue an action or recover from an agritourism operator for the injury, loss, damage, or death of the participant resulting from any of the inherent risks of agritourism activities.

Section 20. Exceptions.

Nothing in Section 15 prevents or limits the liability of an agritourism operator if the agritourism operator:

(1) commits an act or omission that constitutes willful or wanton disregard for the safety of the participant, and that act or omission proximately causes injury, damage, or death to the participant; or

(2) has actual knowledge or reasonably should know of an unusual dangerous condition on the land, facilities, or equipment used in the activity or the dangerous propensity of a particular animal used in such an activity, does not make the danger known to the participant, and the danger proximately causes injury, damage, or death to the participant.

Section 25. Immunity cumulative. Any limitation on legal liability afforded by Section 15 to an agritourism operator is in addition to any other limitations of legal liability otherwise provided by law.

Section 30. Signage. In a clearly visible location at or near the entrance to the agritourism activity, an agritourism operator shall post and maintain signage that contains the following warning notice:

"NOTICE

You are assuming the risk of participating in this agritourism activity. Inherent risks associated with agritourism activities include, among others, risks of injury inherent to land, trees, plants, insects, equipment, weather, and animals, as well as the potential that if you act in a negligent manner, injury to yourself or others may occur. Under State law, the agritourism operator is not liable for the injury or death of a participant in an agritourism activity resulting from the inherent risks of agritourism activities."".