Amendment AA7-AB746

LRBa1903/1

TKK:jld:rs

2013 - 2014 LEGISLATURE

ASSEMBLY AMENDMENT 7, TO ASSEMBLY BILL 746

February 19, 2014 - Offered by Representative Tranel.

AB746-AA7,1,1 At the locations indicated, amend the bill as follows:

AB746-AA7,1,2 1. Page 2, line 1: before that line insert:

AB746-AA7,1,3 " Section 1c. 895.52 (1) (a) of the statutes is renumbered 895.52 (1) (ar).

AB746-AA7,1g Section 1g. 895.52 (1) (ag) of the statutes is created to read:

AB746-AA7,1,11 895.52 (1) (ag) "Agricultural tourism activity" means an educational or recreational activity that takes place on a farm, ranch, grove, or other place where agricultural, horticultural, or silvicultural crops are grown or farm animals or farmed fish are raised, and that allows members of the general public to tour, explore, observe, learn about, participate in, or be entertained by an aspect of agricultural production, harvesting, or husbandry that occurs on the farm, ranch, grove, or other place.

AB746-AA7,1n Section 1n. 895.52 (1) (g) of the statutes, as affected by 2013 Wisconsin Act 20, is amended to read:

AB746-AA7,2,13 895.52 (1) (g) "Recreational activity" means any outdoor activity undertaken for the purpose of exercise, relaxation or pleasure, including practice or instruction in any such activity. "Recreational activity" includes hunting, fishing, trapping, camping, picnicking, exploring caves, nature study, bicycling, horseback riding, bird-watching, motorcycling, operating an all-terrain vehicle or utility terrain vehicle, operating a vehicle, as defined in s. 340.01 (74), on a road designated under s. 23.115, ballooning, hang gliding, hiking, tobogganing, sledding, sleigh riding, snowmobiling, skiing, skating, water sports, sight-seeing, rock-climbing, cutting or removing wood, climbing observation towers, animal training, harvesting the products of nature, participating in an agricultural tourism activity, sport shooting and any other outdoor sport, game or educational activity. "Recreational activity" does not include any organized team sport activity sponsored by the owner of the property on which the activity takes place.

AB746-AA7,1r Section 1r. 895.52 (6) (a) 7. of the statutes is created to read:

AB746-AA7,2,16 895.52 (6) (a) 7. A payment made to purchase products or goods offered for sale on the property.".

AB746-AA7,2,17 2. Page 2, line 1: delete " Section 1" and substitute "Section 1w".

AB746-AA7,2,18 3. Page 5, line 5: after that line insert:

AB746-AA7,2,20 " Section 1x. 895.525 (2) of the statutes is renumbered 895.525 (2) (intro.) and amended to read:

AB746-AA7,2,21 895.525 (2) Definition Definitions. (intro.) In this section, "recreational:

AB746-AA7,3,10 (b) "Recreational activity" means any activity undertaken for the purpose of exercise, relaxation or pleasure, including practice or instruction in any such activity. "Recreational activity" does not include participating in a snow sport at a ski area, as those terms are defined in s. 167.33, but includes hunting, fishing, trapping, camping, bowling, billiards, picnicking, exploring caves, nature study, dancing, bicycling, horseback riding, horseshoe-pitching, bird-watching, motorcycling, operating an all-terrain vehicle or utility terrain vehicle, ballooning, curling, throwing darts, hang gliding, hiking, sleigh riding, snowmobiling, skating, participation in water sports, weight and fitness training, sight-seeing, rock-climbing, cutting or removing wood, climbing observation towers, animal training, harvesting the products of nature, participating in an agricultural tourism activity, sport shooting, and participating in a snow sport outside a ski area, as those terms are defined in s. 167.33, and any other sport, game or educational activity.

AB746-AA7,1y Section 1y. 895.525 (2) (a) of the statutes is created to read:

AB746-AA7,3,18 895.525 (2) (a) "Agricultural tourism activity" means an educational or recreational activity that takes place on a farm, ranch, grove, or other place where agricultural, horticultural, or silvicultural crops are grown or farm animals or farmed fish are raised, and that allows members of the general public to tour, explore, observe, learn about, participate in, or be entertained by an aspect of agricultural production, harvesting, or husbandry that occurs on the farm, ranch, grove, or other place.".

AB746-AA7,3,19 4. Page 5, line 7: delete that line and substitute:

AB746-AA7,3,20 "(1c) (a) In this subsection:

AB746-AA7,3,21 1. "Owner" has the meaning given in section 895.52 (1) (d) of the statutes.

AB746-AA7,3,22 2. "Property" has the meaning given in section 895.52 (1) (f) of the statutes.

AB746-AA7,3,24 3. "Recreational activity" has the meaning given in section 895.52 (1) (g) of the statutes, as affected by this act.

AB746-AA7,4,4 (b) The treatment of section 895.52 (1) (a), (ag), and (g) and (6) (a) 7. of the statutes first applies to the death of, any injury to, or any death or injury caused by, a person engaging in a recreational activity on the owner's property on the effective date of this subsection.

AB746-AA7,4,6 (1cm) The treatment of section 895.524 of the statutes first applies to an injury or death that occurs on the effective date of this subsection.

AB746-AA7,4,8 (1d) (a) In this subsection, "recreational activity" has the meaning given in section 895.525 (2) (b) of the statutes, as affected by this act.

AB746-AA7,4,11 (b) The renumbering and amendment of section 895.525 (2) of the statutes and the creation of section 895.525 (2) (a) of the statutes first apply to a participant in a recreational activity on the effective date of this subsection.".

AB746-AA7,4,12 (End)