Bill Text: NY A10070 | 2015-2016 | General Assembly | Amended

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Bill Title: Relates to the inherent risks of operating agricultural tourism areas and participating in activities in agricultural tourism areas.

Spectrum: Partisan Bill (Democrat 15-0)

Status: (Engrossed - Dead) 2016-06-16 - REFERRED TO RULES [A10070 Detail]

Download: New_York-2015-A10070-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                        10070--A
                   IN ASSEMBLY
                                      May 10, 2016
                                       ___________
        Introduced  by M. of A. WOERNER, NOJAY -- Multi-Sponsored by -- M. of A.
          THIELE -- read once and referred to  the  Committee  on  Judiciary  --
          committee  discharged,  bill amended, ordered reprinted as amended and
          recommitted to said committee
        AN ACT to amend the general obligations law, in relation to the inherent
          risks of operating agricultural tourism  areas  and  participating  in
          activities in agricultural tourism areas
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. The general obligations law is  amended  by  adding  a  new
     2  article 18-B to read as follows:
     3                                ARTICLE 18-B
     4                       SAFETY IN AGRICULTURAL TOURISM
     5  Section 18-301. Short title.
     6          18-302. Definitions.
     7          18-303. Duties of operators and visitors of agricultural tourism
     8                    areas.
     9    § 18-301. Short title. This article shall be known and may be cited as
    10  the "safety in agricultural tourism act".
    11    §  18-302.  Definitions.  For  purposes of this article, "agricultural
    12  tourism" means activities, including the production  of  maple  sap  and
    13  pure maple products made therefrom, farm and winery tours, equine thera-
    14  py,  u-pick  Christmas trees, hiking, hunting and other forms of outdoor
    15  recreation offered to farm visitors, conducted by a farmer  on-farm  for
    16  the  enjoyment  and/or  education of the public, which primarily promote
    17  the sale, marketing, production, harvesting or use of  the  products  of
    18  the farm and enhance the public's understanding and awareness of farming
    19  and farm life.
    20    §  18-303.  Duties  of  operators and visitors of agricultural tourism
    21  areas. 1. Operators of agricultural tourism areas shall have the follow-
    22  ing additional duties:
    23    a. To post and maintain way finding signage to  delineate  the  paths,
    24  areas and buildings that are open to the public;
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15305-03-6
        A. 10070--A                         2
     1    b. To adequately train employees who are actively involved in agricul-
     2  tural tourism activities;
     3    c.  To post at every point of sale or distribution of tickets, whether
     4  on or off the premises of the agricultural tourism area,  a  conspicuous
     5  "Warning to Visitors" relative to the inherent risks of participating in
     6  activities  on  working  farms  and  to imprint upon all tickets sold or
     7  distributed, such text and graphics as the commissioner  of  agriculture
     8  and  markets  shall specify, which shall conspicuously direct the atten-
     9  tion of all visitors to the required "Warning to Visitors";
    10    d. To post at every point of sale or distribution  of  tickets  at  an
    11  agricultural  tourism  area  a  conspicuous notice to visitors that this
    12  article prescribes certain duties for visitors, and to  make  copies  of
    13  this  article  in  its entirety available without charge upon request to
    14  visitors in a central location at the agricultural tourism area;
    15    e. To make available written instruction or to provide  education  for
    16  visitors  relative  to  the  risks inherent in the activities on working
    17  farms and the duties prescribed for visitors by  this  section,  and  to
    18  conspicuously post notice of the time and places of availability of such
    19  instruction  and education in locations where it is likely to be seen by
    20  visitors; and
    21    f. To post conspicuous notice to visitors of the right to a refund  to
    22  the  purchaser  in  the  amount  paid in the initial sale of any tickets
    23  returned to the operator of the agricultural tourism  area,  intact  and
    24  unused,  upon declaration by such purchaser that he or she is unprepared
    25  or unwilling to participate in the agricultural tourism activity due  to
    26  the  risks  inherent in the activities or the duties imposed upon him or
    27  her by this section.
    28    2. Visitors to agricultural tourism areas have the following duties to
    29  enable them to make informed decisions as to the advisability  of  their
    30  participation in agricultural tourism activities:
    31    a.  To comply with posted way finding signs and remain in areas desig-
    32  nated for the agricultural tourism activity;
    33    b. To follow any and all written information or  conspicuously  posted
    34  rules of conduct provided by such operator to visitors; and
    35    c. Not to willfully remove, deface, alter or otherwise damage signage,
    36  warning devices or implements or other safety devices.
    37    § 2. This act shall take effect immediately.