Kansas AgriTourism Promotion Act (SB 334)
click here to download and print a brochure describing the AgriTourism Act
click here to download the registration form
The purpose of the act is to promote the growth of the agritourism industry in Kansas: This is achieved by – limiting liability, the creation of a registration process through which the state can assist in the promotion of agritourism operations, and the creation of a tax credit to help offset the expense of agritourism liability insurance for existing and new operations.
The elements of the agritourism act are as follows:
1. REGISTRATION
The act creates a voluntary registration process of agritourism operations in Kansas to be kept by the Kansas Department of Commerce.
The registration must include a description of the agritourism activity/activities conducted and the location of the agritourism operation.
There is NO fee for registration and the list will be made available to the public by the Department of Commerce.
All registered operations will be promoted by the Department of Commerce in conjunction with all other tourism and rural development promotions.
Registration is valid for five years.
2. LIMIT LIABILITY THROUGH SIGNAGE
Warning signage must be prominently posted at each agritourism location. The posted warning signage must be the prewritten specific language as set forth in the act. The letters on the sign must be a minimum of 1” in height and printed in black. The same wording must be included in every written contract an agritourism operation may enter into.
All registered operations shall provide to participants a written description of the registered agritourism activities upon request.
Signage provides that participants are assuming responsibility of any inherent risk.
The agritourism promotion act does NOT limit the liability of willful or wanton conduct by any agritourism operators.
3. TAX CREDIT
The Department of Commerce is assigned the rules and regulations authority in determining which costs qualify as agritourism liability insurance costs.
The tax credit is an amount equal to 20% of the agritourism liability insurance not to exceed $2,000 in any tax year.
If the tax credit exceeds the total amount of Kansas income taxes owed for that year, the difference can be rolled over to the next tax year.
For existing agritourism operations – this tax credit is available for tax years commencing on or after Dec 31, 2003, 2004, 2005, 2006 and 2007 (five tax years).
For new operations – this tax credit is available for the first five years commencing after they open their agritourism operation.
The limited liability is afforded to agritourism operations that charge for their activities and those that do not charge for their activities, so long as the signage is in place. This act does not preclude or replace the limited liability afforded to farmers/ranchers through the existing recreational use statues.
click here to download the registration form, or contact:
Sarah Larison
Agritourism Marketing Specialist
Kansas Department of Commerce
1000 SW Jackson Ave, Suite 100
Topeka, KS 66612
Phone: 785-296-8132
Fax: 785-296-3776
slarison@kansascommerce.com
