Full Text of HB2176 102nd General Assembly
HB2176ham001 102ND GENERAL ASSEMBLY | Rep. Charles Meier Filed: 3/18/2021
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| 1 | | AMENDMENT TO HOUSE BILL 2176
| 2 | | AMENDMENT NO. ______. Amend House Bill 2176 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 1. Short title. This Act may be cited as the | 5 | | Agritourism Liability Act. | 6 | | Section 5. Findings. The General Assembly finds that | 7 | | agriculture plays a substantial role in the economy, culture, | 8 | | and history of this State. As an increasing number of State | 9 | | citizens are removed from day-to-day agricultural experiences, | 10 | | agritourism provides a valuable educational opportunity for | 11 | | the public to interact with, experience, and understand | 12 | | agriculture. In addition, agritourism opportunities provide | 13 | | valuable options for agricultural producers and rural | 14 | | residents to maintain their operations and continue a | 15 | | tradition of economic development in rural areas. On farms and | 16 | | ranches, inherent risks exist that are essentially impossible |
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| 1 | | for agritourism operators to eliminate. Uncertainty | 2 | | surrounding potential liabilities associated with inherent | 3 | | risks negatively impacts the establishment, growth, and | 4 | | success of agritourism operations. The purpose of this Act is | 5 | | to define areas of responsibility and liability for | 6 | | agritourism operators and participants. | 7 | | Section 10. Definitions. As used in this Act: | 8 | | "Agritourism activity" means any activity carried out on a | 9 | | farm or ranch that allows members of the general public, for | 10 | | recreational, entertainment, or educational purposes, to view | 11 | | or enjoy rural activities. "Agritourism activity" includes, | 12 | | but is not limited to: farming; ranching; historic, cultural, | 13 | | and on-site educational programs; guided and self-guided | 14 | | tours; animal exhibitions; farm festivals; corn mazes; | 15 | | harvest-your-own operations; hayrides; fishing; hiking; and | 16 | | camping. | 17 | | "Agritourism operator" means any person or business | 18 | | providing one or more agritourism activities, whether or not | 19 | | for compensation. | 20 | | "Inherent risks of agritourism activity" means those | 21 | | dangers or conditions that are an integral part of an | 22 | | agritourism activity, such as surface and subsurface | 23 | | conditions, natural conditions of land, vegetation, waters, | 24 | | the behavior of wild or domestic animals or insects, and | 25 | | ordinary dangers of structures or equipment when the |
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| 1 | | structures or equipment are being used or stored by an | 2 | | agritourism provider in a manner and for a purpose for which a | 3 | | reasonable person should know that structures or equipment is | 4 | | intended in the ordinary use on farming and ranching | 5 | | operations. "Inherent risks of agritourism activity" includes | 6 | | the potential of a participant to act in a negligent manner | 7 | | that may contribute to injury to the participant or others, | 8 | | such as failing to follow instructions given by the | 9 | | agritourism operator or failing to exercise reasonable caution | 10 | | while engaging in the agritourism activity. | 11 | | "Participant" means any person, other than the agritourism | 12 | | operator, who engages in an agritourism activity. | 13 | | Section 15. Liability. | 14 | | (a) Except as provided in Section 20, an agritourism | 15 | | operator is not liable for the injury or death of a participant | 16 | | resulting from the inherent risks of agritourism activities if | 17 | | the warning notice contained in Section 30 is posted as | 18 | | required. | 19 | | (b) Except as provided in Section 20, a participant | 20 | | assumes the inherent risks of an agritourism activity by | 21 | | engaging in the agritourism activity. | 22 | | (c) Except as provided in Section 20, no participant or | 23 | | participant's representative may pursue an action or recover | 24 | | from an agritourism operator for the injury, loss, damage, or | 25 | | death of the participant resulting from any of the inherent |
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| 1 | | risks of agritourism activities. | 2 | | Section 20. Exceptions. | 3 | | Nothing in Section 15 prevents or limits the liability of | 4 | | an agritourism operator if the agritourism operator: | 5 | | (1) commits an act or omission that constitutes | 6 | | willful or wanton disregard for the safety of the | 7 | | participant, and that act or omission proximately causes | 8 | | injury, damage, or death to the participant; or | 9 | | (2) has actual knowledge or reasonably should know of | 10 | | an unusual dangerous condition on the land, facilities, or | 11 | | equipment used in the activity or the dangerous propensity | 12 | | of a particular animal used in such an activity, does not | 13 | | make the danger known to the participant, and the danger | 14 | | proximately causes injury, damage, or death to the | 15 | | participant. | 16 | | Section 25. Immunity cumulative. Any limitation on legal | 17 | | liability afforded by Section 15 to an agritourism operator is | 18 | | in addition to any other limitations of legal liability | 19 | | otherwise provided by law. | 20 | | Section 30. Signage. In a clearly visible location at or | 21 | | near the entrance to the agritourism activity, an agritourism | 22 | | operator shall post and maintain signage that contains the | 23 | | following warning notice: |
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| 1 | | "NOTICE | 2 | | You are assuming the risk of participating in this agritourism | 3 | | activity. Inherent risks associated with agritourism | 4 | | activities include, among others, risks of injury inherent to | 5 | | land, trees, plants, insects, equipment, weather, and animals, | 6 | | as well as the potential that if you act in a negligent manner, | 7 | | injury to yourself or others may occur. Under State law, the | 8 | | agritourism operator is not liable for the injury or death of a | 9 | | participant in an agritourism activity resulting from the | 10 | | inherent risks of agritourism activities."".
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