SB55 - Establishes provisions relating to agricultural tourism. (BDR 18-508)

REQUIRES TWO-THIRDS MAJORITY VOTE (§§ 14, 15 & NRS 561.153) S.B. 55 - *SB55* SENATE BILL NO. 55–COMMITTEE ON REVENUE AND ECONOMIC DEVELOPMENT (ON BEHALF OF THE LIEUTENANT GOVERNOR) PREFILED NOVEMBER 20, 2024 ____________ Referred to Committee on Revenue and Economic Development SUMMARY—Establishes provisions relating to agricultural tourism. (BDR 18-508) FISCAL NOTE: Effect on Local Government: No. Effect on the State: Contains Appropriation not included in Executive Budget. ~ EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. AN ACT relating to tourism; requiring the Commission on Tourism to develop and administer a grant program relating to agritourism; defining certain terms relating to agritourism; requiring the Director of the State Department of Agriculture to adopt regulations establishing the types of businesses that qualify as agritourism; requiring the Department to carry out certain marketing and outreach duties relating to agritourism; authorizing the Director to issue special use permits relating to agritourism under certain circumstances; establishing certain provisions relating to the liability of operators of businesses engaged in agritourism; making appropriations; and providing other matters properly relating thereto. Legislative Counsel’s Digest: Existing law creates the Commission on Tourism in the Department of Tourism 1 and Cultural Affairs, which is charged with carrying out certain duties relating to 2 the promotion of tourism and travel in this State and oversees a grant program for 3 the development of projects relating to tourism. (NRS 231.8117, 231.8121, 4 231.8127, 231.8171-231.8179) Section 1 of this bill requires the Commission to 5 develop and administer a grant program for businesses that are engaged in or wish 6 to engage in agritourism in this State. Section 19 of this bill makes an appropriation 7 to the Commission for this grant program to award grants. 8 – 2 – - *SB55* Sections 1 and 6 of this bill define “agritourism” as the combination of 9 agriculture, horticulture or viticulture with tourism to attract members of the 10 general public to visit a business for enjoyment, education, recreation or 11 participation in agritourism activities. Sections 1 and 7 of this bill define 12 “agritourism activity” as an activity offered by a business engaged in agritourism 13 that invites members of the general public to view or participate in activities 14 relating to agriculture, horticulture or viticulture. 15 Section 2 of this bill applies the definitions in existing law to section 1. 16 Existing law creates the Fund for Tourism and Cultural Affairs to support the 17 operations of the Department of Tourism and Cultural Affairs in carrying out 18 certain duties under existing law. (NRS 231.8141) Section 3 of this bill provides 19 that the money in the Fund may also be used to support the Department of Tourism 20 and Cultural Affairs in carrying out any duties under section 1. 21 Existing law creates the State Department of Agriculture and charges the 22 Department with administering various duties relating to agriculture, livestock and 23 food and other commodities. (NRS 561.035, Titles 49, 50 and 51 of NRS) Section 24 13 of this bill requires the Director of the State Department of Agriculture to adopt 25 regulations establishing the types of businesses that qualify as agritourism. Sections 26 8-12 of this bill define certain other terms relating to agritourism. 27 Section 14 of this bill requires the State Department of Agriculture to: (1) 28 develop opportunities for businesses engaged in or that wish to engage in 29 agritourism; (2) develop marketing campaigns for agritourism and agritourism 30 activities in this State; and (3) provide support and outreach to businesses engaged 31 in or that wish to engage in agritourism. Section 14 also requires the Director to 32 employ a qualified professional to assist the State Department of Agriculture in 33 carrying out these duties. Section 20 of this bill makes appropriations to the State 34 Department of Agriculture: (1) to carry out duties relating to the marketing and 35 development of agritourism in this State; (2) for membership in an organization 36 relating to agritourism and attendance at the convention of the organization; and (3) 37 for the salary of the qualified professional assisting the State Department of 38 Agriculture. 39 Section 15 of this bill authorizes the Director to issue a special use permit to an 40 operator of a business engaged in or that wishes to engage in agritourism if the 41 operator is denied a permit required to operate or offer agritourism activities on the 42 basis of a local ordinance, resolution or regulation adopted by a local governing 43 body. Section 15 also requires that any fees collected for a special use permit be 44 accounted for separately by the State Department of Agriculture and paid on an 45 annual basis to the county in which the special use permit was issued. 46 Section 17 of this bill requires an operator of a business engaged in agritourism 47 to post certain warning signs at the entrance of the business and at the site of any 48 agritourism activities and include in every contract offered or entered into by the 49 operator certain language that warns the reader that the operator is not liable for any 50 injury, loss, damage or death to a person or the personal property of a person that 51 results from the inherent risks of an agritourism activity. 52 Section 18 of this bill provides that an operator of a business engaged in 53 agritourism is not liable for any injury, loss, damage or death to a person or the 54 personal property of a person that results from the inherent risks of an agritourism 55 activity if the operator has posted the warning signs and included the warning 56 language in any contracts, as required by section 17. Section 16 of this bill sets 57 forth the inherent risks of an agritourism activity for the purposes of sections 17 58 and 18. 59 – 3 – - *SB55* THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS: Section 1. Chapter 231 of NRS is hereby amended by adding 1 thereto a new section to read as follows: 2 1. The Commission on Tourism shall, subject to the 3 availability of funds appropriated for such purpose, develop and 4 administer a grant program to award grants to businesses engaged 5 in or that wish to engage in agritourism in this State. 6 2. The Commission shall adopt regulations to carry out the 7 provisions of this section. The regulations must prescribe, without 8 limitation: 9 (a) The criteria for eligibility to receive a grant from the grant 10 program; and 11 (b) Procedures for the submission and review of applications 12 to receive money from the grant program. 13 3. In adopting the regulations required pursuant to 14 subsection 2, the Commission shall consult with the Department of 15 Agriculture to establish the types of businesses which qualify as 16 agritourism. 17 4. As used in this section: 18 (a) “Agritourism” means the combination of agriculture, 19 horticulture or viticulture with tourism by a business, such as a 20 farm or ranch, to attract members of the general public to visit the 21 business for enjoyment, education, recreation or participation in 22 agritourism activities. The term does not include any business 23 which grows, farms, acquires, cultivates, processes, produces, 24 delivers, transports, supplies or sells cannabis, cannabis products, 25 hemp or a commodity or product made using hemp. 26 (b) “Agritourism activity” means any activity offered by a 27 business engaged in agritourism, regardless of whether there is a 28 charge for the activity, that invites members of the general public 29 to view or participate in activities relating to agriculture, 30 horticulture or viticulture, including, without limitation, farming, 31 ranching, harvest-your-own operations, activities relating to 32 natural resources, camping, brewing, wine-making, distilling and 33 preparing food items. 34 (c) “Cannabis” has the meaning ascribed to it in 35 NRS 678A.085. 36 (d) “Cannabis product” has the meaning ascribed to it in 37 NRS 678A.120. 38 (e) “Hemp” has the meaning ascribed to it in NRS 557.160. 39 Sec. 2. NRS 231.8111 is hereby amended to read as follows: 40 231.8111 As used in NRS 231.8111 to 231.8179, inclusive, 41 and section 1 of this act, unless the context otherwise requires, the 42 – 4 – - *SB55* words and terms defined in NRS 231.8113 and 231.8115 have the 1 meanings ascribed to them in those sections. 2 Sec. 3. NRS 231.8141 is hereby amended to read as follows: 3 231.8141 1. The Fund for Tourism and Cultural Affairs is 4 hereby created in the State Treasury, to be administered by the 5 Director. 6 2. Money in the Fund must be used to support the operations of 7 the Department in administering the provisions of NRS 231.8111 to 8 231.8179, inclusive [.] , and section 1 of this act. The money in the 9 Fund must remain in the Fund and does not revert to the State 10 General Fund at the end of any fiscal year. 11 3. Claims against the Fund must be paid as other claims against 12 the State are paid. 13 4. Interest and income earned on money in the Fund must be 14 credited to the Fund. 15 Sec. 4. Title 49 of NRS is hereby amended by adding thereto a 16 new chapter to consist of the provisions set forth as sections 5 to 18, 17 inclusive, of this act. 18 Sec. 5. As used in sections 5 to 18, inclusive, of this act, 19 unless the context otherwise requires, the words and terms defined 20 in sections 6 to 12, inclusive, of this act, have the meanings 21 ascribed to them in those sections. 22 Sec. 6. “Agritourism” means the combination of agriculture, 23 horticulture or viticulture with tourism by a business, such as a 24 farm or ranch, to attract members of the general public to visit the 25 business for enjoyment, education, recreation or participation in 26 agritourism activities. The term does not include any business 27 which grows, farms, acquires, cultivates, processes, produces, 28 delivers, transports, supplies or sells cannabis, cannabis products, 29 hemp or a commodity or product made using hemp. 30 Sec. 7. “Agritourism activity” means any activity offered by a 31 business engaged in agritourism, regardless of whether there is a 32 charge for the activity, that invites members of the general public 33 to view or participate in activities relating to agriculture, 34 horticulture or viticulture, including, without limitation, farming, 35 ranching, harvest-your-own operations, activities relating to 36 natural resources, camping, brewing, wine-making, distilling and 37 preparing food items. 38 Sec. 8. “Cannabis” has the meaning ascribed to it in 39 NRS 678A.085. 40 Sec. 9. “Cannabis product” has the meaning ascribed to it in 41 NRS 678A.120. 42 Sec. 10. “Department” means the State Department of 43 Agriculture. 44 Sec. 11. “Director” means the Director of the Department. 45 – 5 – - *SB55* Sec. 12. “Hemp” has the meaning ascribed to it in 1 NRS 557.160. 2 Sec. 13. 1. The Director shall adopt regulations 3 establishing the types of businesses that qualify as agritourism for 4 the purposes of sections 5 to 18, inclusive, of this act which must 5 include, without limitation, farms, ranches and other outdoor 6 businesses that offer agritourism activities, such as wineries, 7 breweries, event venues, cottage food operations and businesses 8 that offer overnight camping on the premises. 9 2. As used in this section, “cottage food operation” has the 10 meaning ascribed to it in NRS 446.866. 11 Sec. 14. 1. The Department shall: 12 (a) Develop opportunities for businesses engaged in or that 13 wish to engage in agritourism in this State; 14 (b) Develop marketing campaigns to promote agritourism and 15 agritourism activities in this State; 16 (c) Provide outreach and support to businesses engaged in or 17 that wish to engage in agritourism in this State; and 18 (d) Coordinate with the Department of Tourism and Cultural 19 Affairs in carrying out the duties set forth in this subsection. 20 2. To assist in carrying out the duties set forth in subsection 21 1, the Director shall employ a full-time qualified professional and 22 determine the qualifications, duties and compensation of the 23 professional. Such employee is in the classified service of the 24 State. 25 Sec. 15. 1. If an operator of a business engaged in or that 26 wishes to engage in agritourism is denied a permit which is 27 required by an ordinance, resolution or regulation of a local 28 governing body to operate or offer agritourism activities, the 29 operator may appeal that decision to the Director. The Director 30 may issue a special use permit to the operator which supersedes 31 the ordinance, resolution or regulation of the local governing body 32 and enables the operator to engage in agritourism or offer an 33 agritourism activity. 34 2. All money collected from any fee charged for a special use 35 permit issued pursuant to this section must be accounted for 36 separately and paid on an annual basis to the county in which the 37 special use permit is issued. 38 3. The Director shall adopt regulations to carry out the 39 provisions of this section. Such regulations must include, without 40 limitation, a process whereby a governing body of a county may 41 review the special use permit and approve or deny the issuance of 42 the special use permit. 43 4. As used in this section, “local governing body” means: 44 (a) The governing body of a county, city or town; and 45 – 6 – - *SB55* (b) Any district, board, council or commission that is charged 1 with the execution of limited functions or duties within a county, 2 including, without limitation, any district, board, council or 3 commission organized pursuant to chapters 244, 318, 474 and 539 4 of NRS, NRS 269.024 to 269.0248, inclusive, and 450.550 to 5 450.750, inclusive. 6 Sec. 16. For the purposes of sections 17 and 18 of this act, 7 the inherent risks of an agritourism activity include, without 8 limitation: 9 1. Any dangers or conditions that are an integral part of the 10 agritourism activity, including, without limitation, sur [Text truncated for display. 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