Amendment ASA1-AB746

LRBs0298/1

TKK:jld:rs

2013 - 2014 LEGISLATURE

ASSEMBLY SUBSTITUTE AMENDMENT 1, TO ASSEMBLY BILL 746

February 13, 2014 - Offered by Representative Vruwink.

AB746-ASA1,1,3 An Act to renumber 895.52 (1) (a); to amend 895.52 (1) (g); and to create 895.52 (1) (ag) of the statutes; relating to: limits on liability for persons offering agricultural tourism activities.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB746-ASA1,1 Section 1. 895.52 (1) (a) of the statutes is renumbered 895.52 (1) (ar).

AB746-ASA1,2 Section 2. 895.52 (1) (ag) of the statutes is created to read:

AB746-ASA1,1,12 895.52 (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, whether or not for a fee, 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-ASA1,3 Section 3. 895.52 (1) (g) of the statutes, as affected by 2013 Wisconsin Act 20, is amended to read:

AB746-ASA1,2,15 895.52 (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-ASA1,4 Section 4. Initial applicability.

AB746-ASA1,2,17 (1) In this Section:

AB746-ASA1,2,18 (a) "Owner" has the meaning given in section 895.52 (1) (d) of the statutes.

AB746-ASA1,2,19 (b) "Property" has the meaning given in section 895.52 (1) (f) of the statutes.

AB746-ASA1,2,21 (c) "Recreational activity" has the meaning given in section 895.52 (1) (g) of the statutes, as affected by this act.

AB746-ASA1,3,2 (2) The treatment of section 895.52 (1) (a), (ag), and (g) 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-ASA1,3,3 (End)