HB 2111

                  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.
        Senate Substitute for HOUSE BILL No. 2111—page 2
   (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.
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.