Bill Text: PA HB1435 | 2011-2012 | Regular Session | Introduced

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Bill Title: Providing for limited immunity for persons that sponsor farm-related tourism activities.

Spectrum: Strong Partisan Bill (Republican 31-3)

Status: (Introduced - Dead) 2011-05-03 - Referred to TOURISM AND RECREATIONAL DEVELOPMENT [HB1435 Detail]

Download: Pennsylvania-2011-HB1435-Introduced.html

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PRINTER'S NO. 1725
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 1435 Session of2011
INTRODUCED BY M. K. KELLER, CUTLER, BAKER, BLOOM, BOBACK, BOYD, FABRIZIO, GABLER, GODSHALL, HAHN, HARHART, HARKINS, HESS, HICKERNELL, KAUFFMAN, F. KELLER, LONGIETTI, METZGAR, MILLARD, MILLER, MOUL, MURT, MUSTIO, OBERLANDER, PICKETT, PYLE, ROCK, SAYLOR, SCAVELLO, STERN, STEVENSON, TALLMAN AND WATSON, MAY 3, 2011
REFERRED TO COMMITTEE ON TOURISM AND RECREATIONAL DEVELOPMENT, MAY 3, 2011
AN ACT
Providing for limited immunity for persons that sponsor farm-
related tourism activities.
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
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." A farm-related tourism activity,
regardless of whether a fee is charged, which:
(1) takes place on real property otherwise engaging in a
normal agricultural operation; and
(2) is designed for recreational, entertainment or
educational purposes.
The term includes, but is not limited to, a corn maze, hay maze,
farm tours, select and cut-your-own Christmas tree operation and
pick-your-own-crop operation.
"Normal agricultural operation." As defined in section 2 of
the act of June 10, 1982 (P.L.454, No.133), referred to as the
Right-to-Farm Law.
"Operator." A person that sponsors, organizes, conducts or
provides facilities.
Section 3. Immunity.
(a) Scope.--Immunity under this section applies to a person
if all of the following apply:
(1) The person is an operator of an agritourism
activity.
(2) The following notice is conspicuously posted in at
least two locations on the premises where the agritourism
activity takes place on a sign at least three feet by two
feet:
You assume the risk of agritourism activities under
Pennsylvania law.
(b) Grant.--A person that meets the requirements of
subsection (a) shall be immune from liability in a negligence
action for personal injury or death to a participant in the
agritourism activity who is injured or killed as a result of
that participation if the participant voluntarily and
intelligently undertakes participation in the agritourism
activity.
Section 19. Applicability.
This act shall apply to any cause of action which arises on
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or after the effective date of this section.
Section 20. Effective date.
This act shall take effect in 60 days.
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