Regular Session 2019-2020 Senate Bill 0711 P.N. 0875

PRINTER'S NO. 875

THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

No.

711

Session of

2019

INTRODUCED BY AUMENT, MENSCH, MARTIN, ARGALL, PHILLIPS-HILL,

VOGEL, K. WARD, REGAN, STEFANO, J. WARD, FOLMER, YAW AND

HUTCHINSON, JUNE 5, 2019

REFERRED TO JUDICIARY, JUNE 5, 2019

AN ACT

Providing for civil immunity for persons that operate

agritourism activities under certain circumstances.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Short title.

This act shall be known and may be cited as the Agritourism

Activity Civil Immunity Act.

Section 2. Definitions.

The following words and phrases when used in this act shall

have the meanings given to them in this section unless the

context clearly indicates otherwise:

"Agritourism activity." Farm-related tourism or farm-related

entertainment activity that:

(1) takes place on a farm where agricultural,

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.

"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

agritourism provider's reasonable control.

"Farm." An operation commercially engaged in agriculture

that:

(1) is 10 or more acres in contiguous area; or

(2) has an anticipated annual gross income of at least

$2,000 from agricultural production.

"Risk inherent in the agritourism activity." A danger or

condition that is an integral part of an agritourism activity,

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

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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

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,

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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."

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 under subsection (b).

(5) The agritourism provider has actual knowledge or

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.

Section 4. Applicability.

This act shall apply to any cause of action that arises on or

after the effective date of this section.

Section 5. Effective date.

This act shall take effect in 60 days.

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