|SAME AS||SAME AS S01152-A|
|COSPNSR||Stirpe, Magee, Hunter, Titone, Simon, Skartados, Rivera, Skoufis, Gunther, Benedetto, Lifton, Barrett, DiPietro, Blankenbush, Lupardo, Brabenec, Stec, Miller B, Norris, Friend|
|MLTSPNSR||Barclay, Buchwald, Galef, Thiele|
|Add Art 18-B §§18-301 - 18-303, Gen Ob L|
|Relates to the inherent risks of operating agricultural tourism areas and participating in activities in agricultural tourism areas.|
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NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A559A Revised 6/15/2017 SPONSOR: Woerner (MS)
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 profes- sionals by establishing processes for recognition and dissemination of the inherent risks involved with participating in agritourism activ- ities.   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 oper- ators 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 maple production, farm and winery tours, equine activities, "u-pick" Christmas trees, hiking, hunting, and other forms of recreation offer farm visitors the chance to enjoy the bucolic environs of the State of New York. 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. Pres- ently, 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: 2015-2016: A.10070A - Passed Assembly, referred to Senate Committee on Rules   FISCAL IMPLICATIONS: None to the State.   EFFECTIVE DATE: This act shall take effect immediately.
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STATE OF NEW YORK ________________________________________________________________________ 559--A Cal. No. 115 2017-2018 Regular Sessions IN ASSEMBLY January 9, 2017 ___________ Introduced by M. of A. WOERNER, STIRPE, MAGEE, HUNTER, TITONE, SIMON, SKARTADOS, RIVERA, SKOUFIS, GUNTHER, BENEDETTO, LIFTON, BARRETT, DiPIETRO, BLANKENBUSH, LUPARDO, BRABENEC, STEC, B. MILLER, NORRIS -- Multi-Sponsored by -- M. of A. BARCLAY, BUCHWALD, GALEF, LOPEZ, THIELE -- read once and referred to the Committee on Judiciary -- reported and referred to the Committee on Codes -- reported from committee, advanced to a third reading, amended and ordered reprinted, retaining its place on 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: 1 Section 1. The general obligations law is amended by adding a new 2 article 18-B to read as follows: 3 ARTICLE 18-B 4 SAFETY IN AGRICULTURAL TOURISM 5 Section 18-301. Short title. 6 18-302. Definitions. 7 18-303. Responsibilities of operators and visitors of agricul- 8 tural tourism areas. 9 § 18-301. Short title. This article shall be known and may be cited as 10 the "safety in agricultural tourism act". 11 § 18-302. Definitions. For purposes of this article: 12 1. "Agricultural tourism" means activities, including the production 13 of maple sap and pure maple products made therefrom, farm and winery 14 tours, equine activities both outdoors and indoors but excluding equine 15 therapy, u-pick Christmas trees, hiking, hunting and other forms of 16 outdoor recreation offered to farm visitors, conducted by a farmer 17 on-farm for the enjoyment and/or education of the public, which primari- 18 ly promote the sale, marketing, production, harvesting or use of the 19 products of the farm and enhance the public's understanding and aware- 20 ness of farming and farm life. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD03372-04-7A. 559--A 2 1 2. "Equine therapy" shall include equine activities for children or 2 adults with physical or mental disabilities, post-traumatic stress 3 disorder or other condition for which equine therapy is sought for ther- 4 apeutic purposes or treatment. 5 § 18-303. Responsibilities of operators and visitors of agricultural 6 tourism areas. 1. Operators of agricultural tourism areas shall have the 7 following additional responsibilities: 8 a. To post and maintain way finding signage to delineate the paths, 9 areas and buildings that are open to the public; 10 b. To adequately train employees who are actively involved in agricul- 11 tural tourism activities; 12 c. To post at every point of sale or distribution of tickets, whether 13 on or off the premises of the agricultural tourism area, a conspicuous 14 "Warning to Visitors" relative to the inherent risks of participating in 15 activities on working farms and to provide written information having 16 such text and graphics as the commissioner of agriculture and markets 17 shall specify, which shall conspicuously direct the attention of all 18 visitors to the required "Warning to Visitors"; 19 d. To post at every point of sale or distribution of tickets at an 20 agricultural tourism area a conspicuous notice to visitors that pursuant 21 to this article such visitors have a responsibility to exercise reason- 22 able care regarding the disclosed risks of the agricultural activity, 23 and reasonably comply with posted way finding signs, reasonably remain 24 in areas designated for the agricultural tourism activity, reasonably 25 follow any and all written and conspicuously posted rules of conduct 26 provided by such operator to visitors or verbal or other communication 27 for persons with disabilities, and not to willfully remove, deface, 28 alter or otherwise damage signage, warning devices or implements, or 29 other safety devices; 30 e. To take reasonable care to prevent reasonably foreseeable risks to 31 visitors, consistent with the responsibility of a landowner to keep his 32 or her premises reasonably safe for intended and reasonably foreseeable 33 uses and users, and to post conspicuous notice to visitors of the right 34 to a refund to the purchaser in the amount paid in the initial sale of 35 any tickets returned to the operator of the agricultural tourism area, 36 intact and unused, upon declaration by such purchaser that he or she 37 believes that he or she is unprepared or that he or she is unwilling to 38 participate in the agricultural tourism activity due to the risks inher- 39 ent in the activities or the duties imposed upon him or her by this 40 section; and 41 f. Owners and operators of agricultural tourism areas shall not be 42 liable for an injury to or death of a visitor if the provisions of this 43 subdivision are complied with. 44 2. Visitors to agricultural tourism areas have the responsibility to 45 exercise reasonable care regarding the disclosed risks of the agricul- 46 tural activity and: 47 a. to reasonably comply with posted way finding signs and reasonably 48 remain in areas designated for the agricultural tourism activity; 49 b. to reasonably follow any and all written information or conspicu- 50 ously posted rules of conduct provided by such operator to visitors, or 51 verbal or other form of communication of rules of conduct where needed 52 for effective communication for people with disabilities; and 53 c. not to willfully remove, deface, alter or otherwise damage signage, 54 warning devices or implements or other safety devices. 55 § 2. This act shall take effect immediately.