H1348B1642A01614 AJB:JMT 06/04/19 #90 A01614
AMENDMENTS TO HOUSE BILL NO. 1348
Sponsor: REPRESENTATIVE CAUSER
Printer's No. 1642
Amend Bill, page 1, lines 15 and 16; page 2, lines 1 through
7; by striking out all of said lines on said pages and inserting
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.
Amend Bill, page 2, lines 14 through 29, by striking out all
of said lines and inserting
"Dangerous condition." A condition that creates an imminent
and substantial risk of injury or damages to a participant.
Amend Bill, page 3, lines 3 through 6, by striking out all of
said lines
Amend Bill, page 3, lines 11 and 12, by striking out "to a
person for a participant injury or damages caused as a result of
the participant injury" and inserting
for injury or damages to a participant
Amend Bill, page 3, line 15, by striking out "or" and
inserting
and
Amend Bill, page 3, line 21, by striking out "a participant"
Amend Bill, page 3, line 22, by striking out "caused as a
result of the participant injury"
Amend Bill, page 3, line 28, by striking out "participant"
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Amend Bill, page 3, line 28, by inserting after "injury"
or damages to a participant
Amend Bill, page 4, line 1, by striking out "participant"
Amend Bill, page 4, line 1, by inserting after "injury"
or damages to a participant
Amend Bill, page 4, line 2, by inserting after "has"
or should have had
Amend Bill, page 4, line 4, by striking out "make" and
inserting
repair or make
Amend Bill, page 4, line 6, by striking out "the participant"
Amend Bill, page 4, line 6, by inserting after "injury"
or damages to a participant
Amend Bill, page 4, line 13, by striking out "and" and
inserting
or
Amend Bill, page 4, line 18, by striking out "Under
Pennsylvania law" and inserting
Read your written agreement or the back of your ticket.
Under Pennsylvania law, except for limited circumstances
Amend Bill, page 4, line 20, by striking out "activity."" and
inserting
activity. Do not participate in the activity if you do
not wish to waive liability."
Amend Bill, page 4, line 29, by inserting after "minor"
or care dependent person
Amend Bill, page 5, line 11, by inserting after "that"
, except for limited circumstances listed below,
Amend Bill, page 5, line 16, by striking out "activity."" and
inserting
activity. I understand that an agritourism
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activity provider is not protected from liability if
the provider:
(1) Acts with a willful or wanton disregard for
a participant's safety.
(2) Purposefully causes a participant's injury.
(3) Acts or fails to act in a way that
constitutes criminal conduct.
(4) Has or should have had actual knowledge of a
dangerous condition of the land, facilities or
equipment used in the agritourism activity and does
not repair or make the dangerous condition known to
the participant. A dangerous condition is a condition
that creates an imminent and substantial risk of
injury or damages to a participant."
(6) Notwithstanding paragraphs (1), (2), (3) and (4), a
written agreement that contains substantially the same
language under paragraph (5) may be printed on a ticket
required for access to an agritourism activity.
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See A01614 in
the context
of HB1348