Illinois 2023-2024 Regular Session

Illinois Senate Bill SB0349 Compare Versions

Only one version of the bill is available at this time.

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1	1	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB0349 Introduced 2/2/2023, by Sen. Doris Turner SYNOPSIS AS INTRODUCED: New Act Creates the Agritourism Liability Act. Provides that an agritourism operator is not liable for the injury or death of a participant resulting from the inherent risks of agritourism activities if the agritourism operator posts the prescribed warning notice. Provides that a participant assumes the inherent risks of an agritourism activity by engaging in the agritourism activity. Provides that no participant may pursue an action or recover from an agritourism operator for injury, loss, damage, or death of the participant resulting from any of the inherent risks of agritourism activities. Provides that nothing prevents or limits the liability of an agritourism operator if the agritourism operator: (1) commits an act or omission that constitutes willful or wanton disregard for the safety of the participant and that act or omission proximately causes injury, damage, or death to the participant; or (2) has actual knowledge or reasonably should know of an unusual dangerous condition on the land, facilities, or equipment used in the activity or the dangerous propensity of a particular animal used in such an activity, does not make the danger known to the participant, and the danger proximately causes injury, damage, or death to the participant. Provides that an agritourism operator shall post and maintain a warning notice in a clearly visible location at or near the entrance to the agritourism activity. Effective July 1, 2023. LRB103 28420 LNS 54800 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB0349 Introduced 2/2/2023, by Sen. Doris Turner SYNOPSIS AS INTRODUCED: New Act New Act Creates the Agritourism Liability Act. Provides that an agritourism operator is not liable for the injury or death of a participant resulting from the inherent risks of agritourism activities if the agritourism operator posts the prescribed warning notice. Provides that a participant assumes the inherent risks of an agritourism activity by engaging in the agritourism activity. Provides that no participant may pursue an action or recover from an agritourism operator for injury, loss, damage, or death of the participant resulting from any of the inherent risks of agritourism activities. Provides that nothing prevents or limits the liability of an agritourism operator if the agritourism operator: (1) commits an act or omission that constitutes willful or wanton disregard for the safety of the participant and that act or omission proximately causes injury, damage, or death to the participant; or (2) has actual knowledge or reasonably should know of an unusual dangerous condition on the land, facilities, or equipment used in the activity or the dangerous propensity of a particular animal used in such an activity, does not make the danger known to the participant, and the danger proximately causes injury, damage, or death to the participant. Provides that an agritourism operator shall post and maintain a warning notice in a clearly visible location at or near the entrance to the agritourism activity. Effective July 1, 2023. LRB103 28420 LNS 54800 b LRB103 28420 LNS 54800 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB0349 Introduced 2/2/2023, by Sen. Doris Turner SYNOPSIS AS INTRODUCED:
3	3	New Act New Act
4	4	New Act
5	5	Creates the Agritourism Liability Act. Provides that an agritourism operator is not liable for the injury or death of a participant resulting from the inherent risks of agritourism activities if the agritourism operator posts the prescribed warning notice. Provides that a participant assumes the inherent risks of an agritourism activity by engaging in the agritourism activity. Provides that no participant may pursue an action or recover from an agritourism operator for injury, loss, damage, or death of the participant resulting from any of the inherent risks of agritourism activities. Provides that nothing prevents or limits the liability of an agritourism operator if the agritourism operator: (1) commits an act or omission that constitutes willful or wanton disregard for the safety of the participant and that act or omission proximately causes injury, damage, or death to the participant; or (2) has actual knowledge or reasonably should know of an unusual dangerous condition on the land, facilities, or equipment used in the activity or the dangerous propensity of a particular animal used in such an activity, does not make the danger known to the participant, and the danger proximately causes injury, damage, or death to the participant. Provides that an agritourism operator shall post and maintain a warning notice in a clearly visible location at or near the entrance to the agritourism activity. Effective July 1, 2023.
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8	8	A BILL FOR
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11	11	1 AN ACT concerning civil law.
12	12	2 Be it enacted by the People of the State of Illinois,
13	13	3 represented in the General Assembly:
14	14	4 Section 1. Short title. This Act may be cited as the
15	15	5 Agritourism Liability Act.
16	16	6 Section 5. Findings; purpose. The General Assembly finds
17	17	7 that agriculture plays a substantial role in the economy,
18	18	8 culture, and history of this State. As an increasing number of
19	19	9 State citizens are removed from day-to-day agricultural
20	20	10 experiences, agritourism provides a valuable educational
21	21	11 opportunity for the public to interact with, experience, and
22	22	12 understand agriculture. In addition, agritourism opportunities
23	23	13 provide valuable options for agricultural producers and rural
24	24	14 residents to maintain their operations and continue a
25	25	15 tradition of economic development in rural areas. On farms and
26	26	16 ranches, inherent risks exist that are essentially impossible
27	27	17 for agritourism operators to eliminate. Uncertainty
28	28	18 surrounding potential liabilities associated with inherent
29	29	19 risks negatively impacts the establishment, growth, and
30	30	20 success of agritourism operations. The purpose of this Act is
31	31	21 to define areas of responsibility and liability for
32	32	22 agritourism operators and participants.
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36	36	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB0349 Introduced 2/2/2023, by Sen. Doris Turner SYNOPSIS AS INTRODUCED:
37	37	New Act New Act
38	38	New Act
39	39	Creates the Agritourism Liability Act. Provides that an agritourism operator is not liable for the injury or death of a participant resulting from the inherent risks of agritourism activities if the agritourism operator posts the prescribed warning notice. Provides that a participant assumes the inherent risks of an agritourism activity by engaging in the agritourism activity. Provides that no participant may pursue an action or recover from an agritourism operator for injury, loss, damage, or death of the participant resulting from any of the inherent risks of agritourism activities. Provides that nothing prevents or limits the liability of an agritourism operator if the agritourism operator: (1) commits an act or omission that constitutes willful or wanton disregard for the safety of the participant and that act or omission proximately causes injury, damage, or death to the participant; or (2) has actual knowledge or reasonably should know of an unusual dangerous condition on the land, facilities, or equipment used in the activity or the dangerous propensity of a particular animal used in such an activity, does not make the danger known to the participant, and the danger proximately causes injury, damage, or death to the participant. Provides that an agritourism operator shall post and maintain a warning notice in a clearly visible location at or near the entrance to the agritourism activity. Effective July 1, 2023.
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42	42	A BILL FOR
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67	67	1 Section 10. Definitions. As used in this Act:
68	68	2 "Agritourism activity" means any activity carried out on a
69	69	3 farm or ranch that allows members of the general public, for
70	70	4 recreational, entertainment, or educational purposes, to view
71	71	5 or enjoy rural activities. "Agritourism activity" includes,
72	72	6 but is not limited to: farming; ranching; historic, cultural,
73	73	7 and on-site educational programs; guided and self-guided
74	74	8 tours; animal exhibitions; farm festivals; corn mazes;
75	75	9 harvest-your-own operations; hayrides; fishing; hiking; and
76	76	10 camping.
77	77	11 "Agritourism operator" means any person or business
78	78	12 providing one or more agritourism activities, whether or not
79	79	13 for compensation.
80	80	14 "Inherent risks of agritourism activity" means those
81	81	15 dangers or conditions that are an integral part of an
82	82	16 agritourism activity, such as surface and subsurface
83	83	17 conditions, natural conditions of land, vegetation, waters,
84	84	18 the behavior of wild or domestic animals or insects, and
85	85	19 ordinary dangers of structures or equipment when the
86	86	20 structures or equipment are being used or stored by an
87	87	21 agritourism provider in a manner and for a purpose for which a
88	88	22 reasonable person should know that structures or equipment is
89	89	23 intended in the ordinary use on farming and ranching
90	90	24 operations. "Inherent risks of agritourism activity" includes
91	91	25 the potential of a participant to act in a negligent manner
92	92	26 that may contribute to injury to the participant or others,
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103	103	1 such as failing to follow instructions given by the
104	104	2 agritourism operator or failing to exercise reasonable caution
105	105	3 while engaging in the agritourism activity.
106	106	4 "Participant" means any person, other than the agritourism
107	107	5 operator, who engages in an agritourism activity.
108	108	6 Section 15. Liability.
109	109	7 (a) Except as provided in Section 20, an agritourism
110	110	8 operator is not liable for the injury or death of a participant
111	111	9 resulting from the inherent risks of agritourism activities if
112	112	10 the warning notice contained in Section 30 is posted as
113	113	11 required.
114	114	12 (b) Except as provided in Section 20, a participant
115	115	13 assumes the inherent risks of an agritourism activity by
116	116	14 engaging in the agritourism activity.
117	117	15 (c) Except as provided in Section 20, no participant or
118	118	16 participant's representative may pursue an action or recover
119	119	17 from an agritourism operator for the injury, loss, damage, or
120	120	18 death of the participant resulting from any of the inherent
121	121	19 risks of agritourism activities.
122	122	20 Section 20. Exceptions. Nothing in Section 15 prevents or
123	123	21 limits the liability of an agritourism operator if the
124	124	22 agritourism operator:
125	125	23 (1) commits an act or omission that constitutes
126	126	24 willful or wanton disregard for the safety of the
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137	137	1 participant, and that act or omission proximately causes
138	138	2 injury, damage, or death to the participant; or
139	139	3 (2) has actual knowledge or reasonably should know of
140	140	4 an unusual dangerous condition on the land, facilities, or
141	141	5 equipment used in the activity or the dangerous propensity
142	142	6 of a particular animal used in such an activity, does not
143	143	7 make the danger known to the participant, and the danger
144	144	8 proximately causes injury, damage, or death to the
145	145	9 participant.
146	146	10 Section 25. Immunity cumulative. Any limitation on legal
147	147	11 liability afforded by Section 15 to an agritourism operator is
148	148	12 in addition to any other limitations of legal liability
149	149	13 otherwise provided by law.
150	150	14 Section 30. Signage. In a clearly visible location at or
151	151	15 near the entrance to the agritourism activity, an agritourism
152	152	16 operator shall post and maintain signage that contains the
153	153	17 following warning notice:
154	154	18 "NOTICE
155	155	19 You are assuming the risk of participating in this agritourism
156	156	20 activity. Inherent risks associated with agritourism
157	157	21 activities include, among others, risks of injury inherent to
158	158	22 land, trees, plants, insects, equipment, weather, and animals,
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169	169	1 as well as the potential that if you act in a negligent manner,
170	170	2 injury to yourself or others may occur. Under State law, the
171	171	3 agritourism operator is not liable for the injury or death of a
172	172	4 participant in an agritourism activity resulting from the
173	173	5 inherent risks of agritourism activities."
174	174	6 Section 99. Effective date. This Act takes effect July 1,
175	175	7 2023.
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