Bill Text: GA HB529 | 2009-2010 | Regular Session | Comm Sub
Bill Title: Agriculture; certain local ordinances; preempt
Spectrum: Moderate Partisan Bill (Republican 6-1)
Status: (Passed) 2009-05-01 - Effective Date [HB529 Detail]
Download: Georgia-2009-HB529-Comm_Sub.html
LC
25 5653S
COMMITTEE
OF CONFERENCE SUBSTITUTE TO HB 529
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Chapter 1 of Title 2 of the Official Code of Georgia Annotated, relating
to general provisions relative to agriculture, so as to preempt certain local
ordinances relating to production of agricultural or farm products; to provide
certain exceptions; to amend Chapter 1 of Title 51 of the Official Code of
Georgia Annotated, relating to general provisions regarding torts, so as to
limit liability of certain landowners who permit persons to hunt or fish on
their property or allow persons on such property for agritourism; to require the
posting of certain signs; to provide for specifications for such signs; to
provide for related matters; to provide for an effective date and applicability;
to repeal conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Chapter
1 of Title 2 of the Official Code of Georgia Annotated, relating to general
provisions relative to agriculture, is amended by adding a new Code section to
read as follows:
"2-1-6.
(a)
No county, municipality, consolidated government, or other political subdivision
of this state shall adopt or enforce any ordinance, rule, regulation, or
resolution regulating crop management or animal husbandry practices involved in
the production of agricultural or farm products on any private
property.
(b)
Subsection (a) of this Code section shall not prohibit or impair the power of
any local government to adopt or enforce any zoning ordinance or make any other
zoning decision. As used in this subsection, the terms 'local government',
'zoning decision', and 'zoning ordinance' have the same meanings provided by
Code Section 36-66-3.
(c)
Subsection (a) of this Code section shall not prohibit or impair any existing
power of a county, municipality, consolidated government, or other political
subdivision of this state to adopt or enforce any ordinance, rule, regulation,
or resolution regulating land application of human
waste."
SECTION
2.
Chapter
1 of Title 51 of the Official Code of Georgia Annotated, relating to general
provisions regarding torts, is amended by adding a new Code section to read as
follows:
"51-1-53.
(a)
For the purposes of this Code section, the term 'agritourism' shall carry the
same meaning as set out in subparagraph (p)(7)(B) of Code Section
48-5-7.4.
(b)
A landowner who charges admission for a person who is 18 years of age or older
to hunt or fish on the owner's property or to enter the owner's property for the
purposes of agritourism shall be immune from civil liability for any injuries
caused by the inherent risk associated with agritourism, hunting, or fishing
activity, provided that:
(1)
The landowner's conduct does not constitute gross negligence or willful and
wanton misconduct;
(2)
The landowner has posted at the main point of entry, if present, to the property
a sign with a warning notice stating the following:
(A)
In the case of agritourism:
'Warning
Under
Georgia law, there is no liability for an injury or death of a participant at
least 18 years of age in a registered agritourism activity conducted at this
registered agritourism location if such injury or death results from the
inherent risks of such agritourism activity. Inherent risks of agritourism
activities include, but shall not be limited to, the potential of you to act in
a negligent manner that may contribute to your injury or death and the potential
of another participant to act in a negligent manner that may contribute to your
injury or death. You are assuming the risk of participating in this registered
agritourism activity.'
(B)
In the case of a landowner who charges admission for a person who is 18 years of
age or older to hunt or fish on the owner's property:
'Warning
Under
Georgia law, there is no liability for an injury or death of a hunting or
fishing participant at least 18 years of age conducted at this location if such
injury or death results from the inherent risks of such hunting or fishing
activity. Inherent risks of hunting or fishing activities include, but shall
not be limited to, the potential of you to act in a negligent manner that may
contribute to your injury or death and the potential of another participant to
act in a negligent manner that may contribute to your injury or death. You are
assuming the risk of participating in this hunting or fishing
activity.'
The
warning notice specified in this paragraph shall appear on the sign in black
letters, with each letter to be a minimum of one inch in height;
and
(3)
The person who has paid admission to the landowner to enter such landowner's
property to hunt, fish, or for the purposes of agritourism has signed a waiver
of liability form stating that the person entering the landowner's property has
waived all civil liability against the landowner for any injuries caused by the
inherent risk associated with agritourism, hunting, or fishing activity. Such
waiver of liability form shall mirror the language provided for in paragraph (2)
of this subsection regarding the warning notice.
(c)
This Code section shall be supplemental to all other provisions of law that
provide defenses to property owners. This Code section shall not create any new
cause of action against a property owner or additional liability to property
owners."
SECTION
3.
This
Act shall become effective upon its approval by the Governor or upon its
becoming law without such approval; and Section 2 of this Act shall apply to all
causes of action arising on or after the effective date of this
Act.
SECTION
4.
All
laws and parts of laws in conflict with this Act are repealed.