Senate Substitute for HB 2111 by Committee on Agriculture and Natural Resources - Exempting certain registered agritourism operations from local code and regulation enforcement, the official text

Senate Substitute for HOUSE BILL No. 2111

An Act concerning agriculture; relating to the agritourism promotion act; exempting certain registered agritourism operations from local code and regulation enforcement; amending K.S.A. 2025 Supp. 32-1432 and repealing the existing section.

Be it enacted by the Legislature of the State of Kansas:
New Section 1. (a) No city or county shall enforce any building code or any other ordinance or resolution regulating the use of a nonpublic registered agritourism location, including, but not limited to, regulations related to health and safety, property maintenance, facility usage or requirements for permits, licenses or fees.
(b) (1) As used in this section, "nonpublic registered agritourism location" means a registered agritourism location that is 160 acres or less, located on a working farm that provides learning opportunities related to agricultural activities and members of the general public are permitted on such location by specific invitation only.
(2) "Nonpublic registered agritourism location" does not include:
(A) Any registered agritourism location where goods or services are sold or otherwise provided that are not produced through agricultural activity conducted on such location or are unrelated to such agricultural activity, except for goods that are processed off site from agricultural commodities produced through agricultural activity conducted on such location. Such goods and services include, but are not limited to, the sale of merchandise not produced on such location and the rental of space for private events where the purpose of such event is not directly related to the agritourism activity at such location; or
(B) any registered agritourism location where members of the general public are permitted on the property without being specifically invited by the registered agritourism operator.
(c) This section shall be a part of and supplemental to the agritourism promotion act.
Sec. 2. K.S.A. 2025 Supp. 32-1432 is hereby amended to read as follows: 32-1432. As used in K.S.A. 32-1430 through 32-1438, and amendments thereto:
(a) "Agritourism activity" means any activity which that allows members of the general public, for recreational, entertainment or educational purposes, to view or enjoy rural activities, including, but not limited to, farming activities, ranching activities or historic, cultural or natural attractions. An activity may be an agritourism activity: (1) Whether or not the participant pays to participate in the activity; or (2) if such activity is made accessible to members of the public only by specific invitation by the registered agritourism operator. An activity is not an agritourism activity if the participant is paid to participate in the activity.
(b) "Inherent risks of a registered agritourism activity" means those dangers or conditions which are an integral part of such agritourism activity including, but not limited to, certain hazards such as surface and subsurface conditions; natural conditions of land, vegetation, and waters; the behavior of wild or domestic animals; and ordinary dangers of structures or equipment ordinarily used in farming or ranching operations. "Inherent risks of a registered agritourism activity" also includes the potential of a participant to act in a negligent manner that may contribute to injury to the participant or others, such as failing to follow instructions given by the registered agritourism operator or failing to exercise reasonable caution while engaging in the registered agritourism activity.
(c) "Participant" means any person who engages in a registered agritourism activity.
(d) "Registered agritourism activity" means any agritourism activity registered with the secretary pursuant to K.S.A. 32-1433, and amendments thereto.
(e) "Registered agritourism location" means a specific parcel of land which is registered with the secretary pursuant to K.S.A. 32-1433, and amendments thereto, and where a registered agritourism operator engages in registered agritourism activities.
(f) "Registered agritourism operator" means any person who is engaged in the business of providing one or more agritourism activities and is registered with the secretary pursuant to K.S.A. 32-1433, and amendments thereto.
(g) "Secretary" means the secretary of commerce.
Sec. 3. K.S.A. 2025 Supp. 32-1432 is hereby repealed.
Sec. 4. This act shall take effect and be in force from and after its publication in the statute book.

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I hereby certify that the above Bill originated in the House, and was adopted by that body

House adopted
Conference Committee Report

Speaker of the House.

Chief Clerk of the House.

Passed the Senate
as amended

Senate adopted
Conference Committee Report

President of the Senate.

Secretary of the Senate.

Approved

Governor.