H.B. 424

1

DEFINITION OF AGRI-TOURISM
2 2007 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Michael T. Morley
5 Senate Sponsor: John W. Hickman
6
7 LONG TITLE
8 General Description:
9 This bill provides an affirmative defense for an operator of an agri-tourism activity.
10 Highlighted Provisions:
11 This bill:
12 . defines agri-tourism;
13 . provides an affirmative defense for an owner or operator of an agri-tourism activity
14 if:
15 . the injured person disregarded safety measures; or
16 . any equipment, including animals, utilized during the activity was used in an
17 unsafe manner; and
18 . provides a rebuttable presumption that if a license, permit, or bond was obtained for
19 the activity, the owner or operator conducted the activity in conformity with the
20 license, permit, or bond.
21 Monies Appropriated in this Bill:
22 None
23 Other Special Clauses:
24 None
25 Utah Code Sections Affected:
26 ENACTS:
27 78-27-66, Utah Code Annotated 1953

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




Legislative Review Note
as of 1-31-07 2:58 PM

Office of Legislative Research and General Counsel