Vote Smart's Synopsis:

Vote to pass a bill that establishes limited liability protections for farmers offering agritourism activities on their properties.

Highlights:

• Defines "agritourism activity" as follows (Sec. 2):

• A farm-related tourism or farm-related entertainment activity that takes place on agricultural land and 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; and

• The term does not include overnight accommodations, weddings, concerts or provisions for food and beverage services.

• Defines "agritourism activity provider" as a person who owns, operates, provides or sponsors an agritourism activity, whether or not for a fee, or an employee of such a person (Sec. 2).

• Exempts an agritourism activity provider from immunity from civil liability for injury or damages if any of the following apply (Sec. 3.b):

• The agritourism activity provider performs an act in a grossly negligent manner and causes injury or damages to a participant;

• The agritourism activity provider purposefully causes the injury or damages to a participant;

• The agritourism activity provider's action or inaction constitutes criminal conduct and causes the injury or damages to a participant; and

• The agritourism activity provider recklessly fails to warn or guard against a dangerous condition that causes injury or damages to a participant.

• Establishes a written agreement between an agritourism activity provider and a participant is be enforceable if the written agreement meets all the following criteria (Sec. 5):

• The written agreement is signed before the participant engages in an agritourism activity;

• The written agreement is signed by the participant or, if the participant is a minor or care-dependent person, the participant's parent or guardian;

• The written agreement is in a document separate from any other agreement between the participant and the agritourism activity provider, except for a document that includes a different warning, consent or assumption of risk statement;

• The written agreement is printed in not less than 10-point bold type;

• The written agreement contains a passage with an agreement and warning message; and

• A substantially similar written agreement may be printed on a ticket required for access to an agritourism activity.

Full Bill Text