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Bill eases accident liability for farms

A bill that would allow farmers to feel more comfortable about hosting the public for educational and tourism activities is still making its way through the state Legislature, but it has broad support in Shawano County. Known as the agritourism liability bill, the measure provides immunity to providers for injuries and deaths on their property. There are exceptions, such as not providing signs warning about unseen problems or acting in a way that puts visitors’ safety in jeopardy. The bill passed the Assembly 85-9 on Feb. 20, received unanimous support from the Senate Committee on Agriculture, Small Business and Tourism on March 10 and is waiting to be scheduled for debate on the Senate floor. Troy Porter, owner of Porter’s Patch, is pleased that the bill is moving through the Legislature. Besides hosting thousands of visitors each year to pick pumpkins, berries and other produce, Porter’s Patch also has a Farmtoberfest that includes hay rides, a corn maze and other family activities. “It’s almost impossible to pick every rock out of the field so someone doesn’t trip over it, because this is a working farm,” Porter said. “You’re still going to have to do your due diligence and have certain management practices in place.” Porter said he has talked with people from the insurance industry, and they are unsure how AB 746 would affect rates. “That is a huge safety net, because it could make or break me,” Porter said. “There could be a huge lawsuit, and this farm isn’t around anymore.” Rep. Gary Tauchen, R-Bonduel, one of the sponsors of the bill, said the measure would protect farmers while promoting agritourism. “When I was in school, there were students that were three generations away from farming,” Tauchen said. “Now, many of the kids I talk to in schools are five generations away from the farm. It’s important to show them where their food comes from.” Jamie Patton, University of Wisconsin-Extension agriculture agent for Shawano County, noted the bill could greatly impact the county, where 47 percent of the land is owned and managed by farmers, and its neighbors. She noted there are already popular activities, such as the Bike the Barn Quilt tour started last year and the annual Brunch on the Farm, that connect visitors with local farmers, but with the bill providing immunity for most accidents on farmers’ land, it increases opportunities to show people what farmers do. “This is a nice bill to limit liability from some of the things that do come with farms, such as uneven surfaces and farm animals, which can be unpredictable at times,” Patton said. Patton said a recent agricultural needs assessment found several farms and agriculture industries that were interested in providing agritourism opportunities. The bill would be a win for both the agricultural and tourism industries, she said. “This provides another potential to not only provide recreational activities for those outside activities and bring more monies into the county but also to bring some more monies to the farms who are providing some unique opportunities,” Patton said. Patti Peterson, tourism manager with the Shawano Country Chamber of Commerce, is eager to see which farms and ag producers step forward to develop events that draw visitors to the area. “We have a number of places in this area that sell things like pumpkins and berries and have corn mazes. There are a lot of people that fall under the umbrella of agritourism that we don’t even think about,” Peterson said. “Hopefully, it will encourage more people who maybe hadn’t previously invited the public into their farm to do that.” Peterson noted the barn quilts have already drawn attention to Shawano’s agriculture industry. She has gone to a number of sports shows where people have asked what else there is to do in Shawano County, she said. “More people naturally want to be on the farm,” Peterson said. “It’s really something we should be proud of. People have worked for generations on these farms.”