An Act relating to agriculture; amending 2 O.S. 2011, Sections 16-71.1, as amended by Section 1, Chapter 236, O.S.L. 2013, 16-71.2, 16-71.3, 16-71.4 and 16-71.5 (2 O.S. Supp. 2017, Section 16-71.1), which relate to the Oklahoma Limitation of Liability for Farming and Ranching Land Act; removing limitation of applicability of the Oklahoma Limitation of Liability for Farming and Ranching Land Act; deleting definition; updating citations; and removing reference to transaction that shall not be deemed a charge.

SUBJECT: Oklahoma Limitation of Liability for Farming and Ranching Land Act

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:

SECTION 1. AMENDATORY 2 O.S. 2011, Section 16-71.1, as amended by Section 1, Chapter 236, O.S.L. 2013 (2 O.S. Supp. 2017, Section 16-71.1), is amended to read as follows:

Section 16-71.1 A. Sections 16-71.1 through 16-71.7 of this title shall be known and may be cited as the "Oklahoma Limitation of Liability for Farming and Ranching Land Act".

B. 1. The purpose of the Oklahoma Limitation of Liability for Farming and Ranching Land Act is to encourage owners of farming and ranching lands to make such land available for recreational purposes by limiting their liability to persons entering or using the farm and ranch land and to third persons who may be damaged by the acts or omissions of persons entering upon or using these lands.

C. As used in the Oklahoma Limitation of Liability for Farming and Ranching Land Act:

1. "Land" means land which is used for farming, ranching activities and recreational purposes, as defined in this section, including, but not limited to, roads, water, watercourses, private ways, buildings, structures, and machinery or equipment when attached to realty which is used primarily for farming or ranching activities;

2. "Owner" means the possessor of a fee interest, a tenant, lessee, occupant or person in control of the premises but shall not include a tenant, lessee, occupant or person in control of the premises who is engaging in any recreational purpose described in paragraph 3 of this subsection; and

3. "Recreational purpose" includes any of the following, or any combination thereof: hunting, fishing, wildlife and ecological viewing or photography, recreational farming and ranching activities, swimming, boating, camping, picnicking, hiking, pleasure driving, jogging, cycling, other similar events and activities, nature study, water skiing, winter sports, jet skiing, viewing or enjoying historical, archaeological, scenic, or scientific sites and aviation, including fly-ins at private airports; and

4. "Charge" means the admission price or fee asked in return for invitation or permission to enter or use the land. The term "charge" shall not include a license or permit fee imposed by a governmental entity for the purpose of regulating the use of land, a water or park area, or lake reservation; shall not include hunting, fishing, boating, and other license and permit fees; shall not include hunting or fishing leases; and shall not include donations made at fly-ins at private airports.

D. The Oklahoma Limitation of Liability for Farming and Ranching Land Act shall not apply to any land that is used for purposes other than farming and ranching. Such land shall be governed by Section 10.1 of Title 76 of the Oklahoma Statutes.

SECTION 2. AMENDATORY 2 O.S. 2011, Section 16-71.2, is amended to read as follows:

Section 16-71.2 Except as specifically recognized by or provided in Section 30 16-71.5 of this act title, an owner who provides the public with land for recreational purposes which is used primarily for farming or ranching activities owes no duty of care to keep the land safe for entry or use by others for recreational purposes, or to give any warning of a dangerous or hazardous condition, use, structure, or activity on such land to persons entering or using the land for such purposes.

SECTION 3. AMENDATORY 2 O.S. 2011, Section 16-71.3, is amended to read as follows:

Section 16-71.3 A. Except as specifically recognized by or provided in Section 30 16-71.5 of this act title, an owner of land which is used primarily for farming or ranching activities, who either directly or indirectly invites or permits, under the circumstance described in subsection B of Section 26 16-71.1 of this act title, any person to enter or use such land for recreational purposes, does not:

1. Extend any assurance that the premises are safe for any purpose;

2. Incur any duty of care toward a person who enters or uses the land; or

3. Assume responsibility or incur liability for any injury to person or property caused by an act or omission of such persons.

B. This section applies whether the person entering, or using the land is an invitee, licensee, or otherwise.

C. This section does not affect the liability of an insurer or insurance plan in an action under the Insurance Code, or an action for bad faith conduct, breach of fiduciary duty, or negligent failure to settle a claim.

D. This section shall not apply to the state or other governmental unit.

SECTION 4. AMENDATORY 2 O.S. 2011, Section 16-71.4, is amended to read as follows:

Section 16-71.4 Unless otherwise agreed in writing, the provisions of Sections 27 16-71.2 and 28 16-71.3 of this act title shall be deemed applicable to the duties and liability of an owner of land which is used primarily for farming or ranching activities, is on or adjoins land entered upon the National Register of Historic Places and for which an easement has been granted to the Oklahoma Historical Society, or is leased to the state or any subdivision thereof for recreational purposes.

SECTION 5. AMENDATORY 2 O.S. 2011, Section 16-71.5, is amended to read as follows:

Section 16-71.5 A. Nothing in the Oklahoma Limitation of Liability for Farming and Ranching Land Act limits in any way any liability which otherwise exists for want of ordinary care or for deliberate, willful, or malicious injury or failure to guard or warn against a dangerous or hazardous condition, use, structure, or activity.

Passed the House of Representatives the 6th day of March, 2018.

/s/______________________________________________
Presiding Officer of the House
of Representatives

Passed the Senate the 10th day of April, 2018.

/s/______________________________________________
Presiding Officer of the Senate

Approved by the Governor of the State of Oklahoma this 17^th day of April, 2018, at 3:37 o’clock p. M.

/s/______________________________________________
Governor of the State of Oklahoma