H.B. 32

This document includes Senate Committee Amendments incorporated into the bill on Thu, Jan 31, 2008 at 9:57 AM by rday. --> This document includes Senate 2nd Reading Floor Amendments incorporated into the bill on Thu, Feb 7, 2008 at 1:17 PM by rday. --> 1

AFFIRMATIVE DEFENSE FOR
2 AGRI-TOURISM ACTIVITY
3 2008 GENERAL SESSION
4 STATE OF UTAH
5 Chief Sponsor: Michael T. Morley
6 Senate Sponsor: Margaret Dayton
7
8 LONG TITLE
9 Committee Note:
10 The Natural Resources, Agriculture, and Environment Interim Committee
11 recommended this bill.
12 General Description:
13 This bill provides an affirmative defense for an operator of an agri-tourism activity.
14 Highlighted Provisions:
15 This bill:
16 . defines agri-tourism;
17 . provides an affirmative defense for an owner or operator of an agri-tourism activity
18 if:
19 . the injured person disregarded safety measures; or
20 . any equipment, including animals, utilized during the activity was used in an
21 unsafe manner; and
22 . provides a rebuttable presumption that the owner or operator conducted the activity
23 in conformity with all applicable rules and regulations covering the activity.
24 Monies Appropriated in this Bill:
25 None
26 Other Special Clauses:
27 None

28 Utah Code Sections Affected:
29 ENACTS:
30 S. [ 78-27-66 ] 78B-4-512 .S , Utah Code Annotated 1953
31
32 Be it enacted by the Legislature of the state of Utah:
33 Section 1. S. [ Section 78-27-66 ] 78B-4-512 .S is enacted to read:
34 78-27-66. Affirmative defense for agri-tourism industry.
35 (1) As used in this section, "agri-tourism" means an activity that allows members of the
36 general public to view or enjoy agricultural related activities, including farming, ranching, or
37 historic, cultural, or natural attractions, for recreational, entertainment, or educational purposes.
38 (a) An activity may be an agri-tourism activity whether or not the participant pays to
39 participate in the activity.
40 (b) An activity is not an agri-tourism activity if the participant is paid to participate in
41 the activity.
42 (2) In any action for damages for personal injury, death, or property damage in which
43 an owner or operator of an agri-tourism activity is named as a defendant, it shall be an
44 affirmative defense to liability that:
45 (a) the injured person deliberately disregarded conspicuously posted signs, verbal
46 instructions, or other warnings regarding safety measures during the activity; or
47 (b) any equipment, animals, or appliance used by the injured person during the activity
48 were used in a manner or for a purpose other than that for which S. a reasonable person should
48a have known .S they were intended.
49 S. [ (3) There is a rebuttable presumption that an owner or operator of an agri-tourism
50 activity operated the activity in conformity with all applicable statutes, rules, and regulations
51 governing the operation of the activity. ] .S




Legislative Review Note
as of 10-26-07 2:33 PM

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