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Session of 2026
SENATE BILL No. 519
By Committee on Federal and State Affairs
2-25
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 on which agricultural
activity as defined in K.S.A. 2-3203, and amendments thereto, is the only
activity conducted on such location and members of the general public are
permitted on such location by specific invitation only.
(2) "Nonpublic registered agritourism location" does not include:
(A) Except for goods that are processed off site from agricultural
commodities produced through agricultural activity conducted on such
location, 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, including, but 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
protection 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
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SB 519 2
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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