S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1152--A
     Cal. No. 425
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                              January 6, 2017
                                ___________
 
 Introduced  by  Sens.  ORTT, AKSHAR, GALLIVAN, HELMING, LITTLE, RITCHIE,
   VALESKY -- read twice and ordered printed,  and  when  printed  to  be
   committed  to  the  Committee  on Judiciary -- reported favorably from
   said committee, ordered to first and second report, ordered to a third
   reading, amended and ordered reprinted, retaining  its  place  in  the
   order of third reading
 
 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. RESPONSIBILITIES OF OPERATORS AND VISITORS  OF  AGRICUL-
                   TURAL TOURISM AREAS.
   § 18-301. SHORT TITLE. THIS ARTICLE SHALL BE KNOWN AND MAY BE CITED AS
 THE "SAFETY IN AGRICULTURAL TOURISM ACT".
   § 18-302. DEFINITIONS. FOR PURPOSES OF THIS ARTICLE:
   1.  "AGRICULTURAL  TOURISM" MEANS ACTIVITIES, INCLUDING THE PRODUCTION
 OF MAPLE SAP AND PURE MAPLE PRODUCTS MADE  THEREFROM,  FARM  AND  WINERY
 TOURS,  EQUINE ACTIVITIES BOTH OUTDOORS AND INDOORS BUT EXCLUDING EQUINE
 THERAPY, 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 PRIMARI-
 LY PROMOTE THE SALE, MARKETING, PRODUCTION, HARVESTING  OR  USE  OF  THE
 PRODUCTS  OF  THE FARM AND ENHANCE THE PUBLIC'S UNDERSTANDING AND AWARE-
 NESS OF FARMING AND FARM LIFE.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD03372-05-7

 S. 1152--A                          2
 
   2. "EQUINE THERAPY" SHALL INCLUDE EQUINE ACTIVITIES  FOR  CHILDREN  OR
 ADULTS  WITH  PHYSICAL  OR  MENTAL  DISABILITIES,  POST-TRAUMATIC STRESS
 DISORDER OR OTHER CONDITION FOR WHICH EQUINE THERAPY IS SOUGHT FOR THER-
 APEUTIC PURPOSES OR TREATMENT.
   §  18-303.  RESPONSIBILITIES OF OPERATORS AND VISITORS OF AGRICULTURAL
 TOURISM AREAS. 1. OPERATORS OF AGRICULTURAL TOURISM AREAS SHALL HAVE THE
 FOLLOWING ADDITIONAL RESPONSIBILITIES:
   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;
   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 PROVIDE WRITTEN INFORMATION HAVING
 SUCH TEXT AND GRAPHICS AS THE COMMISSIONER OF  AGRICULTURE  AND  MARKETS
 SHALL  SPECIFY,  WHICH  SHALL  CONSPICUOUSLY DIRECT THE ATTENTION 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 PURSUANT
 TO  THIS ARTICLE SUCH VISITORS HAVE A RESPONSIBILITY TO EXERCISE REASON-
 ABLE CARE REGARDING THE DISCLOSED RISKS OF  THE  AGRICULTURAL  ACTIVITY,
 AND  REASONABLY  COMPLY WITH POSTED WAY FINDING SIGNS, REASONABLY REMAIN
 IN AREAS DESIGNATED FOR THE AGRICULTURAL  TOURISM  ACTIVITY,  REASONABLY
 FOLLOW  ANY  AND  ALL  WRITTEN AND CONSPICUOUSLY POSTED RULES OF CONDUCT
 PROVIDED BY SUCH OPERATOR TO VISITORS OR VERBAL OR  OTHER  COMMUNICATION
 FOR  PERSONS  WITH  DISABILITIES,  AND  NOT TO WILLFULLY REMOVE, DEFACE,
 ALTER OR OTHERWISE DAMAGE SIGNAGE, WARNING  DEVICES  OR  IMPLEMENTS,  OR
 OTHER SAFETY DEVICES;
   E.  TO TAKE REASONABLE CARE TO PREVENT REASONABLY FORESEEABLE RISKS TO
 VISITORS, CONSISTENT WITH THE RESPONSIBILITY OF A LANDOWNER TO KEEP  HIS
 OR  HER PREMISES REASONABLY SAFE FOR INTENDED AND REASONABLY FORESEEABLE
 USES AND USERS, AND 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
 BELIEVES THAT HE OR SHE IS UNPREPARED OR THAT HE OR SHE IS UNWILLING  TO
 PARTICIPATE IN THE AGRICULTURAL TOURISM ACTIVITY DUE TO THE RISKS INHER-
 ENT  IN  THE  ACTIVITIES  OR  THE DUTIES IMPOSED UPON HIM OR HER BY THIS
 SECTION; AND
   F. OWNERS AND OPERATORS OF AGRICULTURAL TOURISM  AREAS  SHALL  NOT  BE
 LIABLE  FOR AN INJURY TO OR DEATH OF A VISITOR IF THE PROVISIONS OF THIS
 SUBDIVISION ARE COMPLIED WITH.
   2. VISITORS TO AGRICULTURAL TOURISM AREAS HAVE THE  RESPONSIBILITY  TO
 EXERCISE  REASONABLE  CARE REGARDING THE DISCLOSED RISKS OF THE AGRICUL-
 TURAL ACTIVITY AND:
   A. TO REASONABLY COMPLY WITH POSTED WAY FINDING SIGNS  AND  REASONABLY
 REMAIN IN AREAS DESIGNATED FOR THE AGRICULTURAL TOURISM ACTIVITY;
   B.  TO  REASONABLY FOLLOW ANY AND ALL WRITTEN INFORMATION OR CONSPICU-
 OUSLY POSTED RULES OF CONDUCT PROVIDED BY SUCH OPERATOR TO VISITORS,  OR
 VERBAL  OR  OTHER FORM OF COMMUNICATION OF RULES OF CONDUCT WHERE NEEDED
 FOR EFFECTIVE COMMUNICATION FOR PEOPLE WITH DISABILITIES; AND
   C. NOT TO WILLFULLY REMOVE, DEFACE, ALTER OR OTHERWISE DAMAGE SIGNAGE,
 WARNING DEVICES OR IMPLEMENTS OR OTHER SAFETY DEVICES.
   § 2. This act shall take effect immediately.