SB 820 — An Act providing for civil immunity for persons that operate agritourism activities under certain circumstances.

PRIOR PRINTER'S NO.

1140 PRINTER'STHE NO.GENERAL ASSEMBLY OF PENNSYLVANIA SENATE BILL Session of No.

1864820 THE2017 GENERALINTRODUCED ASSEMBLYBY OFAUMENT, PENNSYLVANIAEICHELBERGER, SENATEYAW, BILLFOLMER, SessionRAFFERTY, ofWARD, No.STEFANO, VOGEL, YUDICHAK, RESCHENTHALER, WHITE, MENSCH, VULAKOVICH AND McILHINNEY, SEPTEMBER 8, 2017 REFERRED TO JUDICIARY, SEPTEMBER 8, 2017 AN ACT Proagritourism activities under certain circumstances.

820 2017 INTRODUCED BY AUMENT, EICHELBERGER, YAW, FOLMER, RAFFERTY, WARD, STEFANO, VOGEL, RESCHENTHALER, WHITE, VULAKOVICH, McILHINNEY AND MARTIN, SEPTEMBER 8, 2017 SENATOR GREENLEAF, JUDICIARY, AS AMENDED, JUNE 12, 2018 AN ACT Proagritourism activities under certain circumstances.

"Agritourism activity." Activity carried out on a farm that <-- provides entertainment or education to the general public for the purpose of promoting agricultural products or farming or rural lifestyles, regardless of whether or not the general public pays to participate in the activity including:

"AGRITOURISM"Anticipated ACTIVITY."annual FARM-RELATEDgross TOURISMincome." ORGross FARM-RELATEDincome <--normally ENTERTAINMENTexpected ACTIVITYto THAT:be generated in one year, without occurrence of a natural disaster or other occurrence or condition beyond the operator's reasonable control.

(1)"Farm." TAKESAn PLACEoperation ONcommercially Aengaged FARMin WHEREagriculture AGRICULTURAL,that: HORTICULTURAL OR SILVICULTURAL CROPS ARE GROWN OR FARM ANIMALS OR FARMED FISH ARE RAISED;

AND (2) ALLOWS MEMBERS OF THE GENERAL PUBLIC, WHETHER OR NOT FOR A FEE, TO TOUR, EXPLORE, OBSERVE, LEARN ABOUT, PARTICIPATE IN OR BE ENTERTAINED BY AN ASPECT OF AGRICULTURAL PRODUCTION, HARVESTING, HUSBANDRY OR RURAL LIFESTYLE THAT OCCURS ON THE FARM.

"AGRITOURISM PROVIDER." A PERSON WHO OWNS, OPERATES, PROVIDES OR SPONSORS AN AGRITOURISM ACTIVITY OR AN EMPLOYEE OF SUCH A PERSON WHO ENGAGES IN OR PROVIDES AGRITOURISM WHETHER OR NOT FOR A FEE.

20170SB0820PN1864 - 2 - "Anticipated annual gross income." Gross income normally expected to be generated in one year, without occurrence of a natural disaster or other occurrence or condition beyond the operator's AGRITOURISM PROVIDER'S reasonable control.

<-- "Farm." An operation commercially engaged in agriculture that:

"Operator." A person that engages in an agritourism <-- activity.

20170SB0820PN1140 - 2 - (1) The person is an operator of an agritourism activity.

"RISK INHERENT IN THE AGRITOURISM ACTIVITY." A DANGER OR <-- CONDITION THAT IS AN INTEGRAL PART OF AN AGRITOURISM ACTIVITY, 20170SB0820PN1864 - 3 - INCLUDING ALL OF THE FOLLOWING:

(1) SURFACE AND SUBSURFACE CONDITIONS OF LAND AND THE NATURAL CONDITION OF VEGETATION AND WATER ON THE PROPERTY.

(2) THE BEHAVIOR OR ACTIONS OF WILD ANIMALS NOT KEPT BY OR UNDER THE CONTROL OF AN AGRITOURISM PROVIDER.

(3) THE ORDINARY DANGERS ASSOCIATED WITH STRUCTURES OR EQUIPMENT ORDINARILY USED IN FARMING OR RANCHING OPERATIONS.

(4) THE POSSIBILITY OF BEING INJURED OR CONTRACTING ILLNESS AS A RESULT OF PHYSICAL CONTACT WITH ANIMALS, ANIMAL FEED, ANIMAL WASTE OR SURFACES CONTAMINATED BY ANIMAL WASTE.

(5) THE POSSIBILITY THAT A PARTICIPANT IN THE AGRITOURISM ACTIVITY MAY ACT IN A NEGLIGENT MANNER, INCLUDING BY FAILING TO FOLLOW INSTRUCTIONS GIVEN BY AN AGRITOURISM PROVIDER OR BY FAILING TO EXERCISE REASONABLE CAUTION WHILE ENGAGING IN THE AGRITOURISM ACTIVITY THAT MAY CONTRIBUTE TO INJURY TO THE PARTICIPANT OR ANOTHER PARTICIPANT.

SECTION 3.

IMMUNITY FROM LIABILITY.

(A) AGRITOURISM PROVIDERS.-- (1) EXCEPT AS OTHERWISE PROVIDED IN SUBSECTION (C), IN A CIVIL ACTION, AN AGRITOURISM PROVIDER SHALL BE IMMUNE FROM LIABILITY FOR ANY HARM A PARTICIPANT SUSTAINS DURING AN AGRITOURISM ACTIVITY IF THE PARTICIPANT IS HARMED AS A RESULT OF A RISK INHERENT IN THE AGRITOURISM ACTIVITY.

(2) NOTHING IN THIS SECTION SHALL BE CONSTRUED TO REQUIRE AN AGRITOURISM PROVIDER TO ELIMINATE RISKS INHERENT IN AGRITOURISM ACTIVITIES.

(B) NOTICES TO BE POSTED.-- (1) AN AGRITOURISM PROVIDER SHALL POST AND MAINTAIN SIGNS THAT CONTAIN THE WARNING NOTICE SPECIFIED IN THIS SECTION AND SHALL PLACE A SIGN IN A CLEARLY VISIBLE LOCATION 20170SB0820PN1864 - 4 - AT OR NEAR EACH ENTRANCE TO THE AGRITOURISM LOCATION OR AT THE SITE OF EACH AGRITOURISM ACTIVITY.

(2) THE WARNING NOTICE SHALL CONSIST OF A SIGN IN BLACK LETTERS WITH EACH LETTER TO BE A MINIMUM OF ONE INCH IN HEIGHT AND SHALL CONTAIN THE FOLLOWING NOTICE OF WARNING:

"WARNING:

UNDER PENNSYLVANIA LAW, THERE IS NO LIABILITY FOR AN INJURY TO OR DEATH OF A PARTICIPANT IN AN AGRITOURISM ACTIVITY CONDUCTED AT THIS AGRITOURISM LOCATION IF THE INJURY OR DEATH RESULTS FROM THE INHERENT RISKS OF THE AGRITOURISM ACTIVITY.

INHERENT RISKS OF THE AGRITOURISM ACTIVITIES INCLUDE, BUT ARE NOT LIMITED TO, RISK OF INJURY INHERENT TO LAND, EQUIPMENT AND ANIMALS AS WELL AS THE POTENTIAL FOR YOU AS A PARTICIPANT TO ACT IN A NEGLIGENT MANNER THAT MAY CONTRIBUTE TO YOUR INJURY OR DEATH.

YOU ARE ASSUMING THE RISK OF PARTICIPATING IN THIS AGRITOURISM ACTIVITY." (C) EXCEPTIONS.--AN AGRITOURISM PROVIDER SHALL NOT BE IMMUNE FROM CIVIL LIABILITY FOR HARM SUSTAINED BY A PARTICIPANT IF ANY OF THE FOLLOWING APPLIES:

(1) THE AGRITOURISM PROVIDER ACTS WITH A WILLFUL OR WANTON DISREGARD FOR THE SAFETY OF THE PARTICIPANT AND PROXIMATELY CAUSES HARM TO THE PARTICIPANT.

(2) THE AGRITOURISM PROVIDER PURPOSEFULLY CAUSES HARM TO THE PARTICIPANTS.

(3) THE AGRITOURISM PROVIDER'S ACTIONS OR INACTIONS CONSTITUTE CRIMINAL CONDUCT AND CAUSE HARM TO THE PARTICIPANT.

(4) THE AGRITOURISM PROVIDER FAILS TO POST AND MAINTAIN SIGNS AS REQUIRED BY SUBSECTION (B).

(5) THE AGRITOURISM PROVIDER HAS ACTUAL KNOWLEDGE OR 20170SB0820PN1864 - 5 - SHOULD HAVE ACTUAL KNOWLEDGE OF AN EXISTING DANGEROUS CONDITION ON THE LAND OR REGARDING FACILITIES OR EQUIPMENT ON THE LAND THAT IS NOT AN INHERENT RISK AND DOES NOT MAKE THE DANGEROUS CONDITION KNOWN TO THE PARTICIPANT AND THE DANGEROUS CONDITION PROXIMATELY CAUSES INJURY TO OR DEATH OF THE PARTICIPANT.

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