REQUIRES TWO-THIRDS MAJORITY VOTE
(§§ 14, 15 & NRS 561.153)
S.B. 55
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SENATE BILL NO. 55–COMMITTEE ON
REVENUE AND ECONOMIC DEVELOPMENT
(ON BEHALF OF THE LIEUTENANT GOVERNOR)
PREFILED NOVEMBER 20, 2024
____________
Referred to Committee on Revenue and
Economic Development
SUMMARY—Establishes provisions relating to agricultural
tourism. (BDR 18-508)
FISCAL NOTE: Effect on Local Government: No.
Effect on the State: Contains Appropriation not included
in Executive Budget.
~
EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.
AN ACT relating to tourism; requiring the Commission on Tourism
to develop and administer a grant program relating to
agritourism; defining certain terms relating to agritourism;
requiring the Director of the State Department of
Agriculture to adopt regulations establishing the types of
businesses that qualify as agritourism; requiring the
Department to carry out certain marketing and outreach
duties relating to agritourism; authorizing the Director to
issue special use permits relating to agritourism under
certain circumstances; establishing certain provisions
relating to the liability of operators of businesses engaged
in agritourism; making appropriations; and providing
other matters properly relating thereto.
Legislative Counsel’s Digest:
Existing law creates the Commission on Tourism in the Department of Tourism 1
and Cultural Affairs, which is charged with carrying out certain duties relating to 2
the promotion of tourism and travel in this State and oversees a grant program for 3
the development of projects relating to tourism. (NRS 231.8117, 231.8121, 4
231.8127, 231.8171-231.8179) Section 1 of this bill requires the Commission to 5
develop and administer a grant program for businesses that are engaged in or wish 6
to engage in agritourism in this State. Section 19 of this bill makes an appropriation 7
to the Commission for this grant program to award grants. 8
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Sections 1 and 6 of this bill define “agritourism” as the combination of 9
agriculture, horticulture or viticulture with tourism to attract members of the 10
general public to visit a business for enjoyment, education, recreation or 11
participation in agritourism activities. Sections 1 and 7 of this bill define 12
“agritourism activity” as an activity offered by a business engaged in agritourism 13
that invites members of the general public to view or participate in activities 14
relating to agriculture, horticulture or viticulture. 15
Section 2 of this bill applies the definitions in existing law to section 1. 16
Existing law creates the Fund for Tourism and Cultural Affairs to support the 17
operations of the Department of Tourism and Cultural Affairs in carrying out 18
certain duties under existing law. (NRS 231.8141) Section 3 of this bill provides 19
that the money in the Fund may also be used to support the Department of Tourism 20
and Cultural Affairs in carrying out any duties under section 1. 21
Existing law creates the State Department of Agriculture and charges the 22
Department with administering various duties relating to agriculture, livestock and 23
food and other commodities. (NRS 561.035, Titles 49, 50 and 51 of NRS) Section 24
13 of this bill requires the Director of the State Department of Agriculture to adopt 25
regulations establishing the types of businesses that qualify as agritourism. Sections 26
8-12 of this bill define certain other terms relating to agritourism. 27
Section 14 of this bill requires the State Department of Agriculture to: (1) 28
develop opportunities for businesses engaged in or that wish to engage in 29
agritourism; (2) develop marketing campaigns for agritourism and agritourism 30
activities in this State; and (3) provide support and outreach to businesses engaged 31
in or that wish to engage in agritourism. Section 14 also requires the Director to 32
employ a qualified professional to assist the State Department of Agriculture in 33
carrying out these duties. Section 20 of this bill makes appropriations to the State 34
Department of Agriculture: (1) to carry out duties relating to the marketing and 35
development of agritourism in this State; (2) for membership in an organization 36
relating to agritourism and attendance at the convention of the organization; and (3) 37
for the salary of the qualified professional assisting the State Department of 38
Agriculture. 39
Section 15 of this bill authorizes the Director to issue a special use permit to an 40
operator of a business engaged in or that wishes to engage in agritourism if the 41
operator is denied a permit required to operate or offer agritourism activities on the 42
basis of a local ordinance, resolution or regulation adopted by a local governing 43
body. Section 15 also requires that any fees collected for a special use permit be 44
accounted for separately by the State Department of Agriculture and paid on an 45
annual basis to the county in which the special use permit was issued. 46
Section 17 of this bill requires an operator of a business engaged in agritourism 47
to post certain warning signs at the entrance of the business and at the site of any 48
agritourism activities and include in every contract offered or entered into by the 49
operator certain language that warns the reader that the operator is not liable for any 50
injury, loss, damage or death to a person or the personal property of a person that 51
results from the inherent risks of an agritourism activity. 52
Section 18 of this bill provides that an operator of a business engaged in 53
agritourism is not liable for any injury, loss, damage or death to a person or the 54
personal property of a person that results from the inherent risks of an agritourism 55
activity if the operator has posted the warning signs and included the warning 56
language in any contracts, as required by section 17. Section 16 of this bill sets 57
forth the inherent risks of an agritourism activity for the purposes of sections 17 58
and 18. 59
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THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 231 of NRS is hereby amended by adding 1
thereto a new section to read as follows: 2
1. The Commission on Tourism shall, subject to the 3
availability of funds appropriated for such purpose, develop and 4
administer a grant program to award grants to businesses engaged 5
in or that wish to engage in agritourism in this State. 6
2. The Commission shall adopt regulations to carry out the 7
provisions of this section. The regulations must prescribe, without 8
limitation: 9
(a) The criteria for eligibility to receive a grant from the grant 10
program; and 11
(b) Procedures for the submission and review of applications 12
to receive money from the grant program. 13
3. In adopting the regulations required pursuant to 14
subsection 2, the Commission shall consult with the Department of 15
Agriculture to establish the types of businesses which qualify as 16
agritourism. 17
4. As used in this section: 18
(a) “Agritourism” means the combination of agriculture, 19
horticulture or viticulture with tourism by a business, such as a 20
farm or ranch, to attract members of the general public to visit the 21
business for enjoyment, education, recreation or participation in 22
agritourism activities. The term does not include any business 23
which grows, farms, acquires, cultivates, processes, produces, 24
delivers, transports, supplies or sells cannabis, cannabis products, 25
hemp or a commodity or product made using hemp. 26
(b) “Agritourism activity” means any activity offered by a 27
business engaged in agritourism, regardless of whether there is a 28
charge for the activity, that invites members of the general public 29
to view or participate in activities relating to agriculture, 30
horticulture or viticulture, including, without limitation, farming, 31
ranching, harvest-your-own operations, activities relating to 32
natural resources, camping, brewing, wine-making, distilling and 33
preparing food items. 34
(c) “Cannabis” has the meaning ascribed to it in 35
NRS 678A.085. 36
(d) “Cannabis product” has the meaning ascribed to it in 37
NRS 678A.120. 38
(e) “Hemp” has the meaning ascribed to it in NRS 557.160. 39
Sec. 2. NRS 231.8111 is hereby amended to read as follows: 40
231.8111 As used in NRS 231.8111 to 231.8179, inclusive, 41
and section 1 of this act, unless the context otherwise requires, the 42
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words and terms defined in NRS 231.8113 and 231.8115 have the 1
meanings ascribed to them in those sections. 2
Sec. 3. NRS 231.8141 is hereby amended to read as follows: 3
231.8141 1. The Fund for Tourism and Cultural Affairs is 4
hereby created in the State Treasury, to be administered by the 5
Director. 6
2. Money in the Fund must be used to support the operations of 7
the Department in administering the provisions of NRS 231.8111 to 8
231.8179, inclusive [.] , and section 1 of this act. The money in the 9
Fund must remain in the Fund and does not revert to the State 10
General Fund at the end of any fiscal year. 11
3. Claims against the Fund must be paid as other claims against 12
the State are paid. 13
4. Interest and income earned on money in the Fund must be 14
credited to the Fund. 15
Sec. 4. Title 49 of NRS is hereby amended by adding thereto a 16
new chapter to consist of the provisions set forth as sections 5 to 18, 17
inclusive, of this act. 18
Sec. 5. As used in sections 5 to 18, inclusive, of this act, 19
unless the context otherwise requires, the words and terms defined 20
in sections 6 to 12, inclusive, of this act, have the meanings 21
ascribed to them in those sections. 22
Sec. 6. “Agritourism” means the combination of agriculture, 23
horticulture or viticulture with tourism by a business, such as a 24
farm or ranch, to attract members of the general public to visit the 25
business for enjoyment, education, recreation or participation in 26
agritourism activities. The term does not include any business 27
which grows, farms, acquires, cultivates, processes, produces, 28
delivers, transports, supplies or sells cannabis, cannabis products, 29
hemp or a commodity or product made using hemp. 30
Sec. 7. “Agritourism activity” means any activity offered by a 31
business engaged in agritourism, regardless of whether there is a 32
charge for the activity, that invites members of the general public 33
to view or participate in activities relating to agriculture, 34
horticulture or viticulture, including, without limitation, farming, 35
ranching, harvest-your-own operations, activities relating to 36
natural resources, camping, brewing, wine-making, distilling and 37
preparing food items. 38
Sec. 8. “Cannabis” has the meaning ascribed to it in 39
NRS 678A.085. 40
Sec. 9. “Cannabis product” has the meaning ascribed to it in 41
NRS 678A.120. 42
Sec. 10. “Department” means the State Department of 43
Agriculture. 44
Sec. 11. “Director” means the Director of the Department. 45
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Sec. 12. “Hemp” has the meaning ascribed to it in 1
NRS 557.160. 2
Sec. 13. 1. The Director shall adopt regulations 3
establishing the types of businesses that qualify as agritourism for 4
the purposes of sections 5 to 18, inclusive, of this act which must 5
include, without limitation, farms, ranches and other outdoor 6
businesses that offer agritourism activities, such as wineries, 7
breweries, event venues, cottage food operations and businesses 8
that offer overnight camping on the premises. 9
2. As used in this section, “cottage food operation” has the 10
meaning ascribed to it in NRS 446.866. 11
Sec. 14. 1. The Department shall: 12
(a) Develop opportunities for businesses engaged in or that 13
wish to engage in agritourism in this State; 14
(b) Develop marketing campaigns to promote agritourism and 15
agritourism activities in this State; 16
(c) Provide outreach and support to businesses engaged in or 17
that wish to engage in agritourism in this State; and 18
(d) Coordinate with the Department of Tourism and Cultural 19
Affairs in carrying out the duties set forth in this subsection. 20
2. To assist in carrying out the duties set forth in subsection 21
1, the Director shall employ a full-time qualified professional and 22
determine the qualifications, duties and compensation of the 23
professional. Such employee is in the classified service of the 24
State. 25
Sec. 15. 1. If an operator of a business engaged in or that 26
wishes to engage in agritourism is denied a permit which is 27
required by an ordinance, resolution or regulation of a local 28
governing body to operate or offer agritourism activities, the 29
operator may appeal that decision to the Director. The Director 30
may issue a special use permit to the operator which supersedes 31
the ordinance, resolution or regulation of the local governing body 32
and enables the operator to engage in agritourism or offer an 33
agritourism activity. 34
2. All money collected from any fee charged for a special use 35
permit issued pursuant to this section must be accounted for 36
separately and paid on an annual basis to the county in which the 37
special use permit is issued. 38
3. The Director shall adopt regulations to carry out the 39
provisions of this section. Such regulations must include, without 40
limitation, a process whereby a governing body of a county may 41
review the special use permit and approve or deny the issuance of 42
the special use permit. 43
4. As used in this section, “local governing body” means: 44
(a) The governing body of a county, city or town; and 45
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(b) Any district, board, council or commission that is charged 1
with the execution of limited functions or duties within a county, 2
including, without limitation, any district, board, council or 3
commission organized pursuant to chapters 244, 318, 474 and 539 4
of NRS, NRS 269.024 to 269.0248, inclusive, and 450.550 to 5
450.750, inclusive. 6
Sec. 16. For the purposes of sections 17 and 18 of this act, 7
the inherent risks of an agritourism activity include, without 8
limitation: 9
1. Any dangers or conditions that are an integral part of the 10
agritourism activity, including, without limitation, surface and 11
subsurface conditions, the natural condition of the land, 12
vegetation or water, the behavior of wild or domestic animals and 13
the ordinary dangers of structures or equipment used in farming 14
and ranching operations; and 15
2. The potential for a participant to act in a negligent manner 16
that may contribute to injury, loss, damage or death to a 17
participant or the personal property of the participant or other 18
participants, including, without limitation, failing to follow 19
instructions given by an operator of a business engaged in 20
agritourism or failing to exercise reasonable caution while 21
participating in an agritourism activity. 22
Sec. 17. 1. An operator of a business engaged in 23
agritourism shall prominently post and maintain warning signs in 24
a clearly visible location at the entrance of the business and at the 25
site of any agritourism activity offered by the business to members 26
of the general public. The warning signs must, without limitation: 27
(a) Be written in black letters, with each letter not less than 1 28
inch in height; and 29
(b) Include the language set forth in subsection 3. 30
2. Every contract entered into by an operator of a business 31
engaged in agritourism on or off the site and every contract 32
offered by an operator at the location of any agritourism activity 33
must contain in clearly readable print the language set forth 34
subsection 3. 35
3. Every warning sign posted pursuant to subsection 1 and 36
contract subject to the provisions of subsection 2 must include the 37
following language: 38
39
WARNING 40
Under Nevada law, an operator of a business engaged in 41
agritourism is not liable for an injury, loss, damage or death 42
to a participant or the personal property of a participant of 43
an agritourism activity at this location if the injury or death 44
results from an inherent risk of the agritourism activity. 45
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Inherent risks of agritourism activities include, without 1
limitation, risks of injury inherent to land, equipment and 2
animals, as well as the potential for you or another 3
participant to act in a negligent manner that may contribute 4
to your injury or death. You are assuming the risk of 5
participating in this agritourism activity. 6
Sec. 18. 1. Except as otherwise provided in subsection 3, an 7
operator of a business engaged in agritourism is not liable for an 8
injury, loss, damage or death to a participant or the personal 9
property of a participant resulting from any inherent risk of an 10
activity offered by the business if the warnings required pursuant 11
to section 17 of this act are posted and included in any contracts in 12
accordance with the requirements of that section. 13
2. An operator of a business engaged in agritourism may 14
claim as an affirmative defense that an injury, loss, damage or 15
death to a participant or the personal property of a participant 16
resulted exclusively from an inherent risk of an agritourism 17
activity offered by the business and the warning was posted in 18
accordance with the requirements of section 17 of this act. 19
3. Nothing in this section shall be construed: 20
(a) To prevent or limit the liability of an operator of a business 21
engaged in agritourism: 22
(1) If the operator: 23
(I) Commits or omits an act if the act or omission 24
constitutes willful or wanton disregard for the safety of the 25
participant and that act or omission proximately causes an injury, 26
loss, damage or death to a participant or the personal property of a 27
participant; or 28
(II) Has actual knowledge or reasonably should have 29
known of a dangerous condition on the land, facilities or 30
equipment used in the agritourism activity or the dangerous 31
propensity of a particular animal used in such agritourism activity 32
and does not make the danger known to the participant, and the 33
danger proximately causes an injury, loss, damage or death to a 34
participant or the personal property of a participant. 35
(2) In an action for product liability; or 36
(b) To prohibit an operator of a business engaged in 37
agritourism from asserting the assumption of risk as an 38
affirmative defense. 39
Sec. 19. 1. There is hereby appropriated from the State 40
General Fund to the Commission on Tourism the sum of $50,000 41
for the grant program created pursuant to section 1 of this act to 42
award grants to businesses engaged in or that wish to engage in 43
agritourism. 44
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2. Any remaining balance of the appropriation made by 1
subsection 1 must not be committed for expenditure after June 30, 2
2027, by the entity to which the appropriation is made or any entity 3
to which money from the appropriation is granted or otherwise 4
transferred in any manner, and any portion of the appropriated 5
money remaining must not be spent for any purpose after 6
September 17, 2027, by either the entity to which the money was 7
appropriated or the entity to which the money was subsequently 8
granted or transferred, and must be reverted to the State General 9
Fund on or before September 17, 2027. 10
Sec. 20. 1. There is hereby appropriated from the State 11
General Fund to the State Department of Agriculture: 12
(a) The sum of $47,500 for: 13
(1) Developing opportunities, marketing campaigns and 14
providing outreach and support relating to agritourism pursuant to 15
section 14 of this act; and 16
(2) Membership in NAFDMA International Agritourism 17
Association and to attend the convention held by NAFDMA 18
International Agritourism Association. 19
(b) The sum of $173,760 for the salary and costs related to 20
employment of the qualified professional employed by the Director 21
of the Department pursuant to section 14 of this act. 22
2. Any remaining balance of the appropriations made by 23
subsection 1 must not be committed for expenditure after June 30, 24
2027, by the entity to which the appropriations are made or any 25
entity to which money from the appropriations are granted or 26
otherwise transferred in any manner, and any portion of the 27
appropriated money remaining must not be spent for any purpose 28
after September 17, 2027, by either the entity to which the money 29
was appropriated or the entity to which the money was subsequently 30
granted or transferred, and must be reverted to the State General 31
Fund on or before September 17, 2027. 32
Sec. 21. 1. This section becomes effective upon passage and 33
approval. 34
2. Sections 1 to 14, inclusive, 19 and 20 of this act become 35
effective on July 1, 2025. 36
3. Sections 15 to 18, inclusive, of this act become effective: 37
(a) Upon passage and approval for the purpose of adopting any 38
regulations and performing any other preparatory administrative 39
tasks that are necessary to carry out the provisions of this act; and 40
(b) On July 1, 2026, for all other purposes. 41
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