UNOFFICIAL COPY 24 RS SB 101/GA
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SB010110.100 - 1429 - XXXX 3/22/2024 10:56 AM GA
AN ACT relating to agritourism. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
Section 1. KRS 247.801 is amended to read as follows: 3
As used in KRS 247.800 to 247.810: 4
(1) "Agritourism" means the act of visiting: 5
(a) A farm or ranch; or 6
(b) Any agricultural, horticultural, or agribusiness operation; 7
for the purpose of enjoyment, education, or active involvement in the activities of 8
the farm, ranch, or operation; 9
(2) "Agritourism activity" means any activity that: 10
(a) Is carried out on a farm, ranch, agricultural operation, horticultural operation, 11
or agribusiness operation; and 12
(b) Allows or invites participants to view or participate in activities for 13
recreational, entertainment, or educational purposes. Qualifying activities may 14
include farming, ranching, historic, cultural, civic, or ceremonial activities, 15
including but not limited to weddings and ancillary events; harvest-your-own 16
operations; farmers' markets; horseback riding; horse-drawn carriage rides; 17
livestock or poultry shows; petting farms; rodeos; competitions; field trials; 18
horseracing;[or] natural resource-based activities; or any activity that has 19
historically involved the utilization of working animals. The activities may 20
qualify as agritourism activities whether or not a participant pays to view or to 21
participate in the activity; 22
(3) "Agritourism building" means any building or structure or any portion thereof that 23
is used for one (1) or more agritourism activities; 24
(4) "Agritourism professional" means any person, including employees or authorized 25
agents acting on behalf of the agritourism professional, who is engaged in the 26
business of providing one (1) or more agritourism activities; 27 UNOFFICIAL COPY 24 RS SB 101/GA
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(5) "Inherent risks of agritourism activity" means those dangers or conditions that are 1
an integral part of an agritourism activity, including certain hazards, such as surface 2
or subsurface conditions; natural conditions of land, vegetation, or water; the 3
behavior of wild or domestic animals; and the ordinary dangers of structures or 4
equipment used in farming and ranching operations;[ and] 5
(6) "Participant" means any person, other than the agritourism professional, who 6
engages in an agritourism activity; and 7
(7) "Working animal" means the use of any animal for the purpose of performing a 8
specific duty or function in commerce or service, including but not limited to 9
animals in entertainment, transportation, education, exhibition, hunting, or 10
agritourism. 11
SECTION 2. A NEW SECTION OF KRS 247.800 TO 247.810 IS CREATED 12
TO READ AS FOLLOWS: 13
(1) No city, town, county, or other political subdivision of the Commonwealth shall 14
adopt or continue to enforce any ordinance, resolution, rule, or regulation 15
restricting a person from engaging in an agritourism activity, or imposing an 16
undue burden on an agritourism activity that would make engagement in the 17
agritourism activity unreasonable or impractical, so long as the agritourism 18
activity complies with public health and safety and planning and zoning 19
requirements or any other existing law enforceable by the recognized police 20
powers of a local government. Local legislation in violation of this section shall 21
be void and unenforceable. 22
(2) An agritourism activity shall not include dog fighting as defined in KRS 525.125 23
or animal fighting as referenced in 21 U.S.C. sec. 2156. 24