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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| SENATE BILL |
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| INTRODUCED BY BRUBAKER, WAUGH, RAFFERTY, ORIE, BAKER, ROBBINS, FOLMER, STOUT, GORDNER, YAW, PICCOLA, VOGEL, D. WHITE, EICHELBERGER, O'PAKE AND M. WHITE, MARCH 12, 2009 |
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| REFERRED TO JUDICIARY, MARCH 12, 2009 |
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| AN ACT |
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1 | Providing for limited immunity for persons that sponsor farm- |
2 | related tourism activities. |
3 | The General Assembly of the Commonwealth of Pennsylvania |
4 | hereby enacts as follows: |
5 | Section 1. Short title. |
6 | This act shall be known and may be cited as the Agritourism |
7 | Immunity Act. |
8 | Section 2. Definitions. |
9 | The following words and phrases when used in this act shall |
10 | have the meanings given to them in this section unless the |
11 | context clearly indicates otherwise: |
12 | "Agritourism activity." A farm-related tourism activity, |
13 | regardless of whether a fee is charged, which: |
14 | (1) takes place on real property otherwise engaging in a |
15 | normal agricultural operation; and |
16 | (2) is designed for recreational, entertainment or |
17 | educational purposes. |
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1 | The term includes, but is not limited to, a corn maze, hay maze, |
2 | farm tours, select and cut-your-own Christmas tree operation and |
3 | pick-your-own-crop operation. |
4 | "Normal agricultural operation." As defined in section 2 of |
5 | the act of June 10, 1982 (P.L.454, No.133), referred to as the |
6 | Right-to-Farm Law. |
7 | "Operator." A person that sponsors, organizes, conducts or |
8 | provides facilities. |
9 | Section 3. Immunity. |
10 | (a) Scope.--Immunity under this section applies to a person |
11 | if all of the following apply: |
12 | (1) The person is an operator of an agritourism |
13 | activity. |
14 | (2) The following notice is conspicuously posted in at |
15 | least two locations on the premises where the agritourism |
16 | activity takes place on a sign at least three feet by two |
17 | feet: |
18 | You assume the risk of agritourism activities under |
19 | Pennsylvania law. |
20 | (b) Grant.--A person that meets the requirements of |
21 | subsection (a) shall be immune from liability in a negligence |
22 | action for personal injury or death to a participant in the |
23 | agritourism activity who is injured or killed as a result of |
24 | that participation if the participant voluntarily and |
25 | intelligently undertakes participation in the agritourism |
26 | activity. |
27 | Section 19. Applicability. |
28 | This act shall apply to any cause of action which arises on |
29 | or after the effective date of this section. |
30 | Section 20. Effective date. |
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1 | This act shall take effect in 60 days. |
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