NY State Senate Bill 2015-S7980A

Senate Bill S7980A

2015-2016 Legislative Session

Relates to the inherent risks of operating agricultural tourism areas and participating in activities in agricultural tourism areas

download bill text pdf

Archive: Last Bill Status - In Senate Committee Judiciary Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 07, 2016	print number 7980a
Jun 07, 2016	amend and recommit to judiciary
Jun 02, 2016	referred to judiciary

Bill Amendments

Original

A (Active)

2015-S7980 - Details

See Assembly Version of this Bill:: A10070
Current Committee:: Senate Judiciary
Law Section:: General Obligations Law
Laws Affected:: Add Art 18-B §§18-301 - 18-303, Gen Ob L
Versions Introduced in 2017-2018 Legislative Session:: S1152, A559

2015-S7980 - Summary

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

2015-S7980 - Sponsor Memo

                                 BILL NUMBER:  S7980

 TITLE OF BILL :  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

 PURPOSE :

This bill provides predictability to agritourism proprietors and
professionals by establishing processes for recognition and
dissemination of the inherent risks involved with participating in
agritourism activities.

 SUMMARY OF PROVISIONS :

Section 1 amends the general obligations law by adding a new article
18-B which establishes the short title, definitions, and duties of
operators and visitors of agricultural tourism areas.

Section 2 establishes the effective date.

 JUSTIFICATION :

Agritourism is an important and growing sector of the rural economies
in New York State. Activities such as U-Pick Christmas trees, farm and
winery tours, hiking, hunting, and other forms of outdoor recreation

offer farm visitors the chance to escape from the pressures of
everyday life and enjoy the bucolic environs of the State of New York.
Equine therapy is growing in acceptance as a treatment for Veterans
returning from war and for women who are victims of domestic violence.
Furthermore, these activities add to our rural economies and provide
farmers a greater diversity of income.

The farm owners and ranchers who provide and sponsor agritourism often
face uncertainty when determining their potential liability for
activity that take place on their property. The cost of liability
insurance for farms with agritourism activities is becoming
prohibitive, particularly for small farms. Actuaries look to what is
in statute to determine the extent of liability the farmer has. Even
though NY case law would suggest that a court would take inherent risk
into account in evaluating liability, the actuaries do not appear to
base their ratings on case law. Rather, they are looking to what is
predictable in statute. Presently, New York State has no uniform law
addressing the standards of care owed by agritourism proprietors and
farm animal professionals, which makes planning legal and insurance
costs difficult. By passing legislation creating explicit and uniform
standards, this legislation will create a better legislative
environment for agritourism and farm professionals.

 LEGISLATIVE HISTORY :

None.

 FISCAL IMPLICATIONS :

None to the State.

 EFFECTIVE DATE :
This act shall take effect immediately.

2015-S7980 - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  7980

                            I N  S E N A T E

                              June 2, 2016
                               ___________

Introduced  by  Sen.  ORTT  --  read twice and ordered printed, and when
  printed to be committed to the Committee on Judiciary

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:

  Section 1. The general obligations law is  amended  by  adding  a  new
article 18-B to read as follows:
                              ARTICLE 18-B
                     SAFETY IN AGRICULTURAL TOURISM
SECTION 18-301. SHORT TITLE.
        18-302. DEFINITIONS.
        18-303. DUTIES OF OPERATORS AND VISITORS OF AGRICULTURAL TOURISM
                  AREAS.
  S 18-301. SHORT TITLE. THIS ARTICLE SHALL BE KNOWN AND MAY BE CITED AS
THE "SAFETY IN AGRICULTURAL TOURISM ACT".
  S  18-302.  DEFINITIONS.  FOR  PURPOSES OF THIS ARTICLE, "AGRICULTURAL
TOURISM" MEANS ACTIVITIES, INCLUDING THE PRODUCTION  OF  MAPLE  SAP  AND
PURE MAPLE PRODUCTS MADE THEREFROM, FARM AND WINERY TOURS, EQUINE THERA-
PY,  U-PICK  CHRISTMAS TREES, HIKING, HUNTING AND OTHER FORMS OF OUTDOOR
RECREATION OFFERED TO FARM VISITORS, CONDUCTED BY A FARMER  ON-FARM  FOR
THE  ENJOYMENT  AND/OR  EDUCATION OF THE PUBLIC, WHICH PRIMARILY PROMOTE
THE SALE, MARKETING, PRODUCTION, HARVESTING OR USE OF  THE  PRODUCTS  OF
THE FARM AND ENHANCE THE PUBLIC'S UNDERSTANDING AND AWARENESS OF FARMING
AND FARM LIFE.
  S  18-303.  DUTIES  OF  OPERATORS AND VISITORS OF AGRICULTURAL TOURISM
AREAS. 1. OPERATORS OF AGRICULTURAL TOURISM AREAS SHALL HAVE THE FOLLOW-
ING ADDITIONAL DUTIES:
  A. TO POST AND MAINTAIN WAY FINDING SIGNAGE TO  DELINEATE  THE  PATHS,
AREAS AND BUILDINGS THAT ARE OPEN TO THE PUBLIC;
  B. TO ADEQUATELY TRAIN EMPLOYEES WHO ARE ACTIVELY INVOLVED IN AGRICUL-
TURAL TOURISM ACTIVITIES;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD15305-02-6

S. 7980                             2

  C.  TO POST AT EVERY POINT OF SALE OR DISTRIBUTION OF TICKETS, WHETHER
ON OR OFF THE PREMISES OF THE AGRICULTURAL TOURISM AREA,  A  CONSPICUOUS
"WARNING TO VISITORS" RELATIVE TO THE INHERENT RISKS OF PARTICIPATING IN
ACTIVITIES  ON  WORKING  FARMS  AND  TO IMPRINT UPON ALL TICKETS SOLD OR
DISTRIBUTED,  SUCH  TEXT AND GRAPHICS AS THE COMMISSIONER OF AGRICULTURE
AND MARKETS SHALL SPECIFY, WHICH SHALL CONSPICUOUSLY DIRECT  THE  ATTEN-
TION OF ALL VISITORS TO THE REQUIRED "WARNING TO VISITORS";
  D.  TO  POST  AT  EVERY POINT OF SALE OR DISTRIBUTION OF TICKETS AT AN
AGRICULTURAL  TOURISM  AREA  NOTICE  TO  VISITORS  THAT   THIS   ARTICLE
PRESCRIBES CERTAIN DUTIES FOR VISITORS, AND TO MAKE COPIES OF THIS ARTI-
CLE IN ITS ENTIRETY AVAILABLE WITHOUT CHARGE UPON REQUEST TO VISITORS IN
A CENTRAL LOCATION AT THE AGRICULTURAL TOURISM AREA;
  E.  TO  MAKE AVAILABLE WRITTEN INSTRUCTION OR TO PROVIDE EDUCATION FOR
VISITORS RELATIVE TO THE RISKS INHERENT IN  THE  ACTIVITIES  ON  WORKING
FARMS  AND  THE  DUTIES  PRESCRIBED FOR VISITORS BY THIS SECTION, AND TO
CONSPICUOUSLY POST NOTICE OF THE TIME AND PLACES OF AVAILABILITY OF SUCH
INSTRUCTION AND EDUCATION IN LOCATIONS WHERE IT IS LIKELY TO BE SEEN  BY
VISITORS; AND
  F. TO POST NOTICE TO VISITORS OF THE RIGHT TO A REFUND TO THE PURCHAS-
ER IN THE AMOUNT PAID IN THE INITIAL SALE OF ANY TICKETS RETURNED TO THE
OPERATOR  OF  THE  AGRICULTURAL  TOURISM  AREA,  INTACT AND UNUSED, UPON
DECLARATION BY SUCH PURCHASER THAT HE OR SHE IS UNPREPARED OR  UNWILLING
TO  PARTICIPATE  IN  THE  AGRICULTURAL TOURISM ACTIVITY DUE TO THE RISKS
INHERENT IN THE ACTIVITIES OR THE DUTIES IMPOSED UPON HIM OR HER BY THIS
SECTION.
  2. VISITORS TO AGRICULTURAL TOURISM AREAS  HAVE  THE  FOLLOWING  ADDI-
TIONAL DUTIES TO ENABLE THEM TO MAKE INFORMED DECISIONS AS TO THE ADVIS-
ABILITY OF THEIR PARTICIPATION IN AGRICULTURAL TOURISM ACTIVITIES:
  A.  TO COMPLY WITH POSTED WAY FINDING SIGNS AND REMAIN IN AREAS DESIG-
NATED FOR THE AGRICULTURAL TOURISM ACTIVITY;
  B. TO SEEK OUT, READ, REVIEW AND UNDERSTAND, IN ADVANCE OF PARTICIPAT-
ING IN AGRICULTURAL TOURISM ACTIVITIES, A "WARNING  TO  VISITORS"  WHICH
SHALL  BE  DISPLAYED AND PROVIDED PURSUANT TO PARAGRAPH C OF SUBDIVISION
ONE OF THIS SECTION;
  C. TO FOLLOW ANY AND ALL RULES OF CONDUCT AS ARE  PRESCRIBED  PURSUANT
TO SUCH "WARNING TO VISITORS";
  D. NOT TO WILLFULLY REMOVE, DEFACE, ALTER OR OTHERWISE DAMAGE SIGNAGE,
WARNING DEVICES OR IMPLEMENTS OR OTHER SAFETY DEVICES; AND
  E.  TO  OBTAIN  SUCH  EDUCATION  IN  AGRICULTURAL  TOURISM ACTIVITIES,
INCLUDING THE FAMILIARIZATION WITH THE SKILLS AND  DUTIES  NECESSARY  TO
REDUCE THE RISK OF INJURY IN PARTICIPATING IN SUCH ACTIVITIES AND RECOG-
NITION  THAT  AGRICULTURAL  TOURISM  ACTIVITIES ARE VOLUNTARY ACTIVITIES
THAT MAY BE HAZARDOUS  OR  TAKE  PLACE  IN  POTENTIALLY  HAZARDOUS  FARM
SETTINGS.
  S 2. This act shall take effect immediately.

co-Sponsors

2015-S7980A (ACTIVE) - Details

See Assembly Version of this Bill:: A10070
Current Committee:: Senate Judiciary
Law Section:: General Obligations Law
Laws Affected:: Add Art 18-B §§18-301 - 18-303, Gen Ob L
Versions Introduced in 2017-2018 Legislative Session:: S1152, A559

2015-S7980A (ACTIVE) - Summary

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

2015-S7980A (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S7980A

 TITLE OF BILL :

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

 PURPOSE :

This bill provides predictability to agritourism proprietors and
professionals by establishing processes for recognition and
dissemination of the inherent risks involved with participating in
agritourism activities.

 SUMMARY OF PROVISIONS :

Section 1 amends the general obligations law by adding a new article
18-B which establishes the short title, definitions, and duties of
operators and visitors of agricultural tourism areas.

Section 2 establishes the effective date.

 JUSTIFICATION :

Agritourism is an important and growing sector of the rural economies

in New York State. Activities such as U-Pick Christmas trees, farm and
winery tours, hiking, hunting, and other forms of outdoor recreation
offer farm visitors the chance to escape from the pressures of
everyday life and enjoy the bucolic environs of the State of New York.
Equine therapy is growing in acceptance as a treatment for Veterans
returning from war and for women who are victims of domestic violence.
Further- more, these activities add to our rural economies and provide
farmers greater diversity of income.

The farm owners and ranchers who provide and sponsor agritourism often
face uncertainty when determining their potential liability for
activity that take place on their property. The cost of liability
insurance for farms with agritourism activities is becoming
prohibitive, particularly for small farms. Actuaries look to what is
in statute to determine the extent of liability the farmer has. Even
though NY case law would suggest that a court would take inherent risk
into account in evaluating liability, the actuaries do not appear to
base their ratings on case law. Rather, they are looking to what is
predictable in statute. Presently, New York State has no uniform law
addressing the standards of care owed by agritourism proprietors and
farm animal professionals, which makes planning legal And insurance
costs difficult. By passing legislation creating explicit and uniform
standards, this legislation will create a better legislative
environment for agritourism and farm professionals.

 LEGISLATIVE HISTORY :

None.

 FISCAL IMPLICATIONS :

None to the State.

 EFFECTIVE DATE :
This act shall take effect immediately.

2015-S7980A (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 7980--A

                            I N  S E N A T E

                              June 2, 2016
                               ___________

Introduced  by  Sen.  ORTT  --  read twice and ordered printed, and when
  printed to be committed 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:

  Section  1.  The  general  obligations  law is amended by adding a new
article 18-B to read as follows:
                              ARTICLE 18-B
                     SAFETY IN AGRICULTURAL TOURISM
SECTION 18-301. SHORT TITLE.
        18-302. DEFINITIONS.
        18-303. DUTIES OF OPERATORS AND VISITORS OF AGRICULTURAL TOURISM
                  AREAS.
  S 18-301. SHORT TITLE. THIS ARTICLE SHALL BE KNOWN AND MAY BE CITED AS
THE "SAFETY IN AGRICULTURAL TOURISM ACT".
  S 18-302. DEFINITIONS. FOR PURPOSES  OF  THIS  ARTICLE,  "AGRICULTURAL
TOURISM"  MEANS  ACTIVITIES,  INCLUDING  THE PRODUCTION OF MAPLE SAP AND
PURE MAPLE PRODUCTS MADE THEREFROM, FARM AND WINERY TOURS, EQUINE THERA-
PY, U-PICK CHRISTMAS TREES, HIKING, HUNTING AND OTHER FORMS  OF  OUTDOOR
RECREATION  OFFERED  TO FARM VISITORS, CONDUCTED BY A FARMER ON-FARM FOR
THE ENJOYMENT AND/OR EDUCATION OF THE PUBLIC,  WHICH  PRIMARILY  PROMOTE
THE  SALE,  MARKETING,  PRODUCTION, HARVESTING OR USE OF THE PRODUCTS OF
THE FARM AND ENHANCE THE PUBLIC'S UNDERSTANDING AND AWARENESS OF FARMING
AND FARM LIFE.
  S 18-303. DUTIES OF OPERATORS AND  VISITORS  OF  AGRICULTURAL  TOURISM
AREAS. 1. OPERATORS OF AGRICULTURAL TOURISM AREAS SHALL HAVE THE FOLLOW-
ING ADDITIONAL DUTIES:
  A.  TO  POST  AND MAINTAIN WAY FINDING SIGNAGE TO DELINEATE THE PATHS,
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.
                                                           LBD15305-04-6

S. 7980--A                          2

  B. TO ADEQUATELY TRAIN EMPLOYEES WHO ARE ACTIVELY INVOLVED IN AGRICUL-
TURAL TOURISM ACTIVITIES;
  C.  TO POST AT EVERY POINT OF SALE OR DISTRIBUTION OF TICKETS, WHETHER
ON OR OFF THE PREMISES OF THE AGRICULTURAL TOURISM AREA,  A  CONSPICUOUS
"WARNING TO VISITORS" RELATIVE TO THE INHERENT RISKS OF PARTICIPATING IN
ACTIVITIES  ON  WORKING  FARMS  AND  TO IMPRINT UPON ALL TICKETS SOLD OR
DISTRIBUTED, SUCH TEXT AND GRAPHICS AS THE COMMISSIONER  OF  AGRICULTURE
AND  MARKETS  SHALL SPECIFY, WHICH SHALL CONSPICUOUSLY DIRECT THE ATTEN-
TION OF ALL VISITORS TO THE REQUIRED "WARNING TO VISITORS";
  D. TO POST AT EVERY POINT OF SALE OR DISTRIBUTION  OF  TICKETS  AT  AN
AGRICULTURAL  TOURISM  AREA  A  CONSPICUOUS NOTICE TO VISITORS THAT THIS
ARTICLE PRESCRIBES CERTAIN DUTIES FOR VISITORS, AND TO  MAKE  COPIES  OF
THIS  ARTICLE  IN  ITS ENTIRETY AVAILABLE WITHOUT CHARGE UPON REQUEST TO
VISITORS IN A CENTRAL LOCATION AT THE AGRICULTURAL TOURISM AREA;
  E. TO MAKE AVAILABLE WRITTEN INSTRUCTION OR TO PROVIDE  EDUCATION  FOR
VISITORS  RELATIVE  TO  THE  RISKS INHERENT IN THE ACTIVITIES ON WORKING
FARMS AND THE DUTIES PRESCRIBED FOR VISITORS BY  THIS  SECTION,  AND  TO
CONSPICUOUSLY POST NOTICE OF THE TIME AND PLACES OF AVAILABILITY OF SUCH
INSTRUCTION  AND EDUCATION IN LOCATIONS WHERE IT IS LIKELY TO BE SEEN BY
VISITORS; AND
  F. TO POST CONSPICUOUS NOTICE TO VISITORS OF THE RIGHT TO A REFUND  TO
THE  PURCHASER  IN  THE  AMOUNT  PAID IN THE INITIAL SALE OF ANY TICKETS
RETURNED TO THE OPERATOR OF THE AGRICULTURAL TOURISM  AREA,  INTACT  AND
UNUSED,  UPON DECLARATION BY SUCH PURCHASER THAT HE OR SHE IS UNPREPARED
OR UNWILLING TO PARTICIPATE IN THE AGRICULTURAL TOURISM ACTIVITY DUE  TO
THE  RISKS  INHERENT IN THE ACTIVITIES OR THE DUTIES IMPOSED UPON HIM OR
HER BY THIS SECTION.
  2. VISITORS TO AGRICULTURAL TOURISM AREAS HAVE THE FOLLOWING DUTIES TO
ENABLE THEM TO MAKE INFORMED DECISIONS AS TO THE ADVISABILITY  OF  THEIR
PARTICIPATION IN AGRICULTURAL TOURISM ACTIVITIES:
  A.  TO COMPLY WITH POSTED WAY FINDING SIGNS AND REMAIN IN AREAS DESIG-
NATED FOR THE AGRICULTURAL TOURISM ACTIVITY;
  B. TO FOLLOW ANY AND ALL WRITTEN INFORMATION OR  CONSPICUOUSLY  POSTED
RULES OF CONDUCT PROVIDED BY SUCH OPERATOR TO VISITORS; AND
  C. NOT TO WILLFULLY REMOVE, DEFACE, ALTER OR OTHERWISE DAMAGE SIGNAGE,
WARNING DEVICES OR IMPLEMENTS OR OTHER SAFETY DEVICES.
  S 2. This act shall take effect immediately.

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