Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 102 (2015GS)

Sponsor

Rep. Perry, L.

Final action

Governor Signed 3/23/2015

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• defines terms;
• states that a participant in an agricultural tourism activity may not make a claim against, or recover damages from, an operator for injury resulting from:
• an inherent risk of an agricultural tourism activity; or
• the participant's failure to follow instructions or exercise reasonable care; and
• requires an operator of an agricultural tourism activity to post signs describing the inherent risks of an activity and the limited liability of the operator.

Every vote on this bill

Bill text

This document includes House Committee Amendments incorporated into the bill on Wed, Feb 11, 2015 at 11:38 AM by jeyring.
AGRICULTURAL TOURISM AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Lee B. Perry
Senate Sponsor: 
 Ralph Okerlund
LONG TITLE
General Description:
This bill regulates agricultural tourism activities.
Highlighted Provisions:
This bill:
▸ defines terms;
▸ states that a participant in an agricultural tourism activity may not make a claim
against, or recover damages from, an operator for injury resulting from:
• an inherent risk of an agricultural tourism activity; or
• the participant's failure to follow instructions or exercise reasonable care; and
▸ requires an operator of an agricultural tourism activity to post signs describing the
inherent risks of an activity and the limited liability of the operator.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
78B-4-512
, as enacted by Laws of Utah 2008, Chapter 132
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
78B-4-512
 is amended to read:
78B-4-512.
Definitions -- Participation in an agricultural tourism activity --
Limitations on civil liability.
[
(1) As used in this section, "agri-tourism" means an activity that allows members of
the general public to view or enjoy agricultural related activities, including farming, ranching,
or historic, cultural, or natural attractions, for recreational, entertainment, or educational
purposes.
]
[
(a) An activity may be an agri-tourism activity whether or not the participant pays to
participate in the activity.
]
[
(b) An activity is not an agri-tourism activity if the participant is paid to participate in
the activity.
]
(1) As used in this section:
(a) "Agricultural tourism activity" means an educational or recreational activity that:
(i) takes place on a farm or ranch or other commercial agricultural, aquacultural,
horticultural, or forestry operation; and
(ii) allows an individual to tour, explore, observe, learn about, participate in, or be
entertained by an aspect of agricultural operations.
(b) "Agritourism" means the travel or visit by the general public to a working farm,
ranch, or other commercial agricultural, aquacultural, horticultural, or forestry operation for the
enjoyment of, education about, or participation in the activities of the farm, ranch, or other
commercial agricultural, aquacultural, horticultural, or forestry operation.
(c) "Inherent risk" means a danger, hazard, or condition which is an integral part of an
agricultural tourism activity
Ĥ→ 
and that cannot be eliminated by the exercise of reasonable
50a 
care
 ←Ĥ
, including:
(i) natural surface and subsurface conditions of land, vegetation, and water on the
property;
(ii) unpredictable behavior of domesticated or farm animals on the property; or
(iii) reasonable dangers of structures or equipment ordinarily used where agricultural or
horticultural crops are grown or farm animals or farmed fish are raised.
(d) "Operator" means:
(i) a person who operates, provides, or demonstrates an agricultural tourism activity; or
(ii) an employee of a person described in Subsection (1)(d)(i).
(e) (i) "Participant" means an individual, other than a provider or operator, who
observes or participates in an agricultural tourism activity, regardless of whether the individual
paid to observe or participate in an agricultural tourism activity.
(ii) "Participant" does not mean an individual who is paid to participate in an
agricultural tourism activity.
(f) "Property" means the real property where an agricultural tourism activity takes place
and the buildings, structures, and improvements on that real property.
(2) A participant in an agricultural tourism activity may not make any claim against, or
recover damages from, any operator for injury
Ĥ→ 
primarily
 ←Ĥ
resulting from:
(a) an inherent risk of agritourism; or
(b) the participant's failure to:
(i) follow instructions given by the operator; or
(ii) exercise reasonable caution while engaged in an agricultural tourism activity.
(3) An operator shall post and maintain, in a clearly visible location at each entrance to
the property where an agricultural tourism activity takes place or at the location of each
agricultural tourism activity, a sign describing:
(a) the inherent risks of the activity; and
(b) the limitations on liability of the operators.
[
(2)
] 
(4)
 In any action for damages for personal injury, death, or property damage in
which an owner or operator of an [
agri-tourism
] 
agritourism
 activity is named as a defendant, 
Ĥ→[
 it
shall be an affirmative defense to liability that
] 
the court shall undergo a comparative negligence
79a 
analysis and consider whether
 ←Ĥ
 :
(a) the injured person deliberately disregarded conspicuously posted signs, verbal
instructions, or other warnings regarding safety measures during the activity; or
(b) any equipment, animals, or appliance used by the injured person during the activity
were used in a manner or for a purpose other than that for which a reasonable person should
have known they were intended.
Legislative Review Note
 as of 1-7-15 5:12 PM
Office of Legislative Research and General Counsel