Montana 2023 Regular Session

Montana Senate Bill SB447

Introduced
2/21/23  
Refer
2/22/23  
Engrossed
3/3/23  
Refer
3/15/23  

Caption

Revising agritourism laws

Impact

The law amendments set forth in SB 447 impact the Montana Code Annotated, specifically addressing the definitions and liability limitations applicable to agritourism operations. This includes a clearer agreement on what constitutes 'inherent risks' in agritourism. By establishing that participants assume responsibility for those risks, the bill protects agritourism providers from liability in cases of injuries that are deemed to be part of the inherent risks of the agritourism activity, thus potentially encouraging more businesses to engage in this sector without fear of excessive legal repercussions.

Summary

Senate Bill 447 aims to revise the laws surrounding agritourism in Montana, updating definitions and clarifying responsibilities regarding inherent risks associated with agritourism activities. By redefining agritourism and related liability provisions, the bill intends to foster a supportive environment for agritourism businesses by providing legal clarity on risk assumptions for both operators and participants. This legislative adjustment seeks to promote the tourism aspect of agriculture, thereby enhancing the economic opportunities tied to rural enterprises.

Sentiment

The sentiment surrounding SB 447 appears to be generally supportive, especially among agritourism stakeholders and rural business advocates. Proponents argue that the bill simplifies the legal landscape for agritourism, which in turn could stimulate economic growth in the agricultural tourism sector. However, there could be concerns among those advocating for consumer safety and legal protections, as the bill's provisions favor the operators regarding liability, which might raise the question of participant safety in unforeseen situations.

Contention

Notable points of contention may arise from the bill's implications on liability and safety standards within agritourism. Critics may express concern that the assumption of risk clause could minimize the accountability of agritourism operators in the event of negligence, thereby potentially endangering participants. The balance between facilitating business growth and ensuring consumer protection will likely be a pivotal discussion point, as stakeholders evaluate how these legal changes will affect both the agritourism sector and its patrons.

Companion Bills

No companion bills found.

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