Bill Amendment: IL HB2176 | 2021-2022 | 102nd General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: AGRICULTURE-TECH

Status: 2021-04-23 - House Floor Amendment No. 1 Rule 19(c) / Re-referred to Rules Committee [HB2176 Detail]

Download: Illinois-2021-HB2176-House_Amendment_001.html

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Rep. Charles Meier

Filed: 3/18/2021

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AMENDMENT TO HOUSE BILL 2176
AMENDMENT NO. ______. Amend House Bill 2176 by replacing
everything after the enacting clause with the following:
"Section 1. Short title. This Act may be cited as the
Agritourism Liability Act.
Section 5. Findings. The General Assembly finds that
agriculture plays a substantial role in the economy, culture,
and history of this State. As an increasing number of State
citizens are removed from day-to-day agricultural experiences,
agritourism provides a valuable educational opportunity for
the public to interact with, experience, and understand
agriculture. In addition, agritourism opportunities provide
valuable options for agricultural producers and rural
residents to maintain their operations and continue a
tradition of economic development in rural areas. On farms and
ranches, inherent risks exist that are essentially impossible

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for agritourism operators to eliminate. Uncertainty
surrounding potential liabilities associated with inherent
risks negatively impacts the establishment, growth, and
success of agritourism operations. The purpose of this Act is
to define areas of responsibility and liability for
agritourism operators and participants.
Section 10. Definitions. As used in this Act:
"Agritourism activity" means any activity carried out on a
farm or ranch that allows members of the general public, for
recreational, entertainment, or educational purposes, to view
or enjoy rural activities. "Agritourism activity" includes,
but is not limited to: farming; ranching; historic, cultural,
and on-site educational programs; guided and self-guided
tours; animal exhibitions; farm festivals; corn mazes;
harvest-your-own operations; hayrides; fishing; hiking; and
camping.
"Agritourism operator" means any person or business
providing one or more agritourism activities, whether or not
for compensation.
"Inherent risks of agritourism activity" means those
dangers or conditions that are an integral part of an
agritourism activity, such as surface and subsurface
conditions, natural conditions of land, vegetation, waters,
the behavior of wild or domestic animals or insects, and
ordinary dangers of structures or equipment when the

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structures or equipment are being used or stored by an
agritourism provider in a manner and for a purpose for which a
reasonable person should know that structures or equipment is
intended in the ordinary use on farming and ranching
operations. "Inherent risks of agritourism activity" includes
the potential of a participant to act in a negligent manner
that may contribute to injury to the participant or others,
such as failing to follow instructions given by the
agritourism operator or failing to exercise reasonable caution
while engaging in the agritourism activity.
"Participant" means any person, other than the agritourism
operator, who engages in an agritourism activity.
Section 15. Liability.
(a) Except as provided in Section 20, an agritourism
operator is not liable for the injury or death of a participant
resulting from the inherent risks of agritourism activities if
the warning notice contained in Section 30 is posted as
required.
(b) Except as provided in Section 20, a participant
assumes the inherent risks of an agritourism activity by
engaging in the agritourism activity.
(c) Except as provided in Section 20, no participant or
participant's representative may pursue an action or recover
from an agritourism operator for the injury, loss, damage, or
death of the participant resulting from any of the inherent

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risks of agritourism activities.
Section 20. Exceptions.
Nothing in Section 15 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.
Section 25. Immunity cumulative. Any limitation on legal
liability afforded by Section 15 to an agritourism operator is
in addition to any other limitations of legal liability
otherwise provided by law.
Section 30. Signage. In a clearly visible location at or
near the entrance to the agritourism activity, an agritourism
operator shall post and maintain signage that contains the
following warning notice:

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"NOTICE
You are assuming the risk of participating in this agritourism
activity. Inherent risks associated with agritourism
activities include, among others, risks of injury inherent to
land, trees, plants, insects, equipment, weather, and animals,
as well as the potential that if you act in a negligent manner,
injury to yourself or others may occur. Under State law, the
agritourism operator is not liable for the injury or death of a
participant in an agritourism activity resulting from the
inherent risks of agritourism activities."".