75td

    On the Senate Agriculture and Natural Resources Committee engrossed bill, delete everything after the enacting clause and insert:

    "    Section 1. That § 20-9-12 be amended to read as follows:

    20-9-12. Terms used in §§ 20-9-12 to 20-9-18, inclusive, mean:

            (1)    "Charge," the admission price or fee asked in return for invitation or permission to enter or go upon the land. Any nonmonetary gift to an owner that is less than one hundred dollars in value may not be construed to be a charge;

            (2)    "Land," land, trails, water, watercourses, private ways and agricultural structures, and machinery or equipment if attached to the realty;

            (3)    "Outdoor recreational purpose," includes, but is not limited to, any of the following activities, or any combination thereof: hunting, fishing, swimming other than in a swimming pool, boating, canoeing, camping, picnicking, hiking, biking, off-road driving, nature study, water skiing, winter sports, snowmobiling, viewing, or enjoying historical, archaeological, scenic, or scientific sites;

            (4)    "Agritourism activity," any activity that allows members of the general public, for recreational, entertainment, or educational purposes, to view or participate in agriculture activities, including pumpkin picking patches, corn mazes, U-Pick operations, petting and feeding zoos, hay rides, cut-your-own Christmas tree farms, dude ranches, demonstration farms, agricultural museums, living history farms, farmers' markets, winery tours and wine tasting, rural bed and breakfasts, or garden tours;

            (5)    "Owner," the possessor of a fee interest, a tenant, lessee, occupant, or person in control of the premises.

    Section 2. That § 20-9-13 be amended to read as follows:

    20-9-13. Except as provided in § 20-9-16, an owner of land owes no duty of care to keep the land safe for entry or use by others for outdoor recreational purposes or agritourism activities, or to give any warning of a dangerous condition, use, structure, or activity on his the owner's land to persons entering for outdoor recreational purposes.

    Section 3. That § 20-9-14 be amended to read as follows:

    20-9-14. Except as provided in § 20-9-16, an owner of land who either directly or indirectly invites or permits with or without charge any person to use his the owner's property for outdoor recreational purposes or agritourism activities, including any person who is on the property pursuant to § 41-9-8, does not thereby:

            (1)    Extend any assurance that the land is safe for any purpose;

            (2)    Confer upon any person the legal status of an invitee or licensee to whom a duty of care is owed; or

---

            (3)    Assume responsibility for, or incur liability for, any injury to persons or property caused by an act of omission of the owner as to maintenance of the land.

    Section 4. That § 20-9-15 be amended to read as follows:

    20-9-15. Unless otherwise agreed in writing, the provisions of §§ 20-9-13 and 20-9-14 apply to the duties and liability of an owner of land leased to the state or any political subdivision thereof of the state for outdoor recreational purposes or agritourism activities.

    Section 5. That § 20-9-16 be amended to read as follows:

    20-9-16. Nothing in §§ 20-9-12 to 20-9-18, inclusive, limits in any way any liability which otherwise exists:

            (1)    For gross negligence or willful or wanton misconduct of the owner;

            (2)    For injury suffered in any case where the owner of land charges any person who enters or goes on the land for the outdoor recreational use thereof of the land or for agritourism activity, except that in the case of land leased to the state or a political subdivision thereof of the state, any consideration received by the owner for such the lease may not be deemed a charge within the meaning of this section nor may any incentive payment paid to the owner by the state or federal government to promote public access for outdoor recreational purposes or agritourism activities be considered a charge; or

            (3)    For injury suffered in any case where the owner has violated a county or municipal ordinance or state law which violation is a proximate cause of the injury.

    Section 6. That § 20-9-17 be amended to read as follows:

    20-9-17. Sections 20-9-12 to 20-9-18, inclusive, may not be construed to create a duty of care or ground of liability for injury to persons or property, or relieve any person using the land of another for outdoor recreational purposes or agritourism activities from any obligation which he the person may have in the absence of §§ 20-9-12 to 20-9-18, inclusive, to exercise care in his or her use of such the land and in his or her activities thereon on the land, or from the legal consequences of failure to employ such care. "