reglab/statecodes huggingface dataset:
2023 Kansas Statutes › Chapter 32 - Wildlife, Parks And Recreation › Article 11 - Boating And Water Activities › 32-1173 Same; disposition.

32-1173.
Same; disposition.
All moneys received pursuant to K.S.A. 32-1101 through 32-1104, 32-1110 through 32-1113, 32-1119, 32-1125 through 32-1128, 32-1130 through 32-1137, 32-1148 through 32-1155, 32-1166, 32-1172, 32-1173, 32-1177 through 32-1180 and K.S.A. 32-1116 and 32-1117, and amendments thereto, shall be remitted to the state treasurer in accordance with the provisions of K.S.A. 75-4215 and 74-7336, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount as prescribed by K.S.A. 74-7336, and amendments thereto, in the state treasury to the credit of the boating fee fund, which is hereby created, to be dedicated and used to administer and enforce the provisions of K.S.A. 32-1101 through 32-1104, 32-1110 through 32-1113, 32-1119, 32-1125 through 32-1128, 32-1130 through 32-1137, 32-1148 through 32-1155, 32-1166, 32-1172, 32-1173, 32-1177 through 32-1180 and K.S.A. 32-1115 through 32-1117, 32-1120 and 32-1156 through 32-1159, and amendments thereto. When sufficient moneys are available from the fees so collected, the secretary may use the same to construct or repair boating facilities, ramps and docks at public waters within this state.
History:
L. 1959, ch. 321, § 18; L. 1989, ch. 118, § 155; L. 2001, ch. 5, § 104; L. 2006, ch. 85, § 15; January 1, 2007.
2023 Kansas Statutes › Chapter 32 - Wildlife, Parks And Recreation › Article 11 - Boating And Water Activities › 32-1174 Boating safety financial assistance fund; purpose; interest earnings; expenditures.

32-1174. Boating safety financial assistance fund; purpose; interest earnings; expenditures.
(a) All federal moneys received pursuant to federal assistance, federal-aid funds or federal-aid grant reimbursements related to boating or boating programs under the control, authorities and duties of the Kansas department of wildlife and parks shall be remitted to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of the remittance, the state treasurer shall deposit the entire amount in the state treasury and credit it to the boating safety financial assistance fund, which is hereby created, to be dedicated and used for the purposes authorized in K.S.A. 32-1173, and amendments thereto.
(b) No moneys derived from sources described in subsection (a) or (c) shall be used for any purpose other than the administration of matters that are under the control, authorities and duties of the secretary of wildlife and parks and the Kansas department of wildlife and parks as provided by law.
(c) On or before the 10th of each month, the director of accounts and reports shall transfer from the state general fund to the boating safety financial assistance fund, interest earnings based on:
(1) The average daily balance of moneys in the boating safety financial assistance fund, for the preceding month; and
(2) the net earnings rate of the pooled money investment portfolio for the preceding month.
(d) All expenditures from the boating safety financial assistance fund shall be made in accordance with the appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the secretary of wildlife and parks.
History:
L. 2005, ch. 181, § 1; L. 2012, ch. 47, § 76; L. 2023, ch. 7, § 89; July 1.
2023 Kansas Statutes › Chapter 32 - Wildlife, Parks And Recreation › Article 11 - Boating And Water Activities › 32-1177 Accident reports.

32-1177.
Accident reports.
(a) It shall be the duty of the operator of a vessel involved in a collision, accident or other casualty, so far as the operator can do so without serious danger to the operator's own vessel, crew, and passengers (if any), to render to other persons affected by the collision, accident or other casualty such assistance as practicable and as necessary in order to save them from or minimize any danger caused by the collision, accident or other casualty, and also to give the operator's name, address and identification of the operator's vessel, in writing, to any person injured and to the owner of any property damaged in the collision, accident or other casualty.
(b) In the case of collision, accident or other casualty involving a vessel, the operator thereof, if the collision, accident or other casualty results in death or injury to a person or damage to property in excess of the amount established by rules and regulations of the secretary shall file with the department a full description of the collision, accident or other casualty, including such additional information as required by rules and regulations adopted by the secretary pursuant to K.S.A. 32-805, and amendments thereto.
History:
L. 1959, ch. 321, § 11; L. 1989, ch. 118, § 151; L. 1993, ch. 185, § 17; July 1.
2023 Kansas Statutes › Chapter 32 - Wildlife, Parks And Recreation › Article 11 - Boating And Water Activities › 32-1178 Same; transmittal to federal agency.

32-1178.
Same; transmittal to federal agency.
In accordance with any request duly made by an authorized official or agency of the United States, any information compiled or otherwise available to the department pursuant to subsection (b) of K.S.A. 32-1177, and amendments thereto, shall be transmitted to such official or agency of the United States.
History:
L. 1959, ch. 321, § 12; L. 1961, ch. 471, § 5; L. 1989, ch. 118, § 152; July 1.
2023 Kansas Statutes › Chapter 32 - Wildlife, Parks And Recreation › Article 11 - Boating And Water Activities › 32-1179 Peace officers' powers.

32-1179.
Peace officers' powers.
Every peace officer of this state and its subdivisions or caretakers at federally impounded waters shall have the authority to enforce the provisions of this act and in the exercise thereof shall have the authority to stop and board any vessel subject to this act.
History:
L. 1959, ch. 321, § 17; July 1.
2023 Kansas Statutes › Chapter 32 - Wildlife, Parks And Recreation › Article 11 - Boating And Water Activities › 32-1180 Penalties for violations.

32-1180.
Penalties for violations.
Unless otherwise provided by statute or rules and regulations of the secretary, violation of K.S.A. 32-1101 through 32-1104, 32-1110 through 32-1113, 32-1119, 32-1125 through 32-1128, 32-1130 through 32-1137, 32-1148 through 32-1155, 32-1166, 32-1172, 32-1173, 32-1177 through 32-1180 and K.S.A. 32-1120 and 32-1156, and amendments thereto, or rules and regulations adopted thereunder is a class C misdemeanor.
History:
L. 1973, ch. 415, § 5; L. 1989, ch. 118, § 159; L. 2006, ch. 85, § 16; January 1, 2007.
2023 Kansas Statutes › Chapter 32 - Wildlife, Parks And Recreation › Article 12 - Kansas Local Government Outdoor Recreation Grants › 32-1201 Short Title.

32-1201.
Short Title.
The provisions of K.S.A. 32-1201 through 32-1203, and amendments thereto, shall be known and may be cited as the Kansas local government outdoor recreation grant program act.
History:
L. 1998, ch. 70, § 1; July 1.
2023 Kansas Statutes › Chapter 32 - Wildlife, Parks And Recreation › Article 12 - Kansas Local Government Outdoor Recreation Grants › 32-1202 Definitions.

32-1202.
Definitions.
As used in the Kansas local government outdoor recreation grant act:
(a) "Local government" means any county, city or township or any two or more such local governments acting jointly pursuant to intergovernmental agreements or as otherwise authorized by statute.
(b) "Capital improvement project" means a capital improvement project to establish, develop, renovate or repair an outdoor recreational facility, including the acquisition of land, acquisition and installation of equipment, construction, renovation or repair of outdoor recreational facilities, and including renovations and repairs to provide safety improvements and handicapped accessibility and other improvements, including improvements to attain compliance with the requirements imposed under the federal Americans with disabilities act.
(c) "Outdoor recreational facility" means any public park or other outdoor recreational area or facility, including, but not limited to, parks, open spaces, trails, swimming pools, playgrounds and playing courts and fields.
History:
L. 1998, ch. 70, § 2; July 1.
2023 Kansas Statutes › Chapter 32 - Wildlife, Parks And Recreation › Article 12 - Kansas Local Government Outdoor Recreation Grants › 32-1203 Grants for local government outdoor recreation facilities program guidelines; portion of grants for accessibility for persons with physical or developmental disabilities and related purposes.

32-1203. Grants for local government outdoor recreation facilities program guidelines; portion of grants for accessibility for persons with physical or developmental disabilities and related purposes.
(a) In accordance with the provisions of this act, the secretary of wildlife and parks shall develop and administer a grant program to award grants to Kansas local governments for capital improvements for local government outdoor recreation facilities. The grants shall be awarded annually on a competitive basis in accordance with guidelines and criteria prescribed by rules and regulations adopted by the secretary of wildlife and parks. Each grant shall be matched by the local government receiving the grant on the basis of $1 provided by the local government for each $1 provided under the grant for the capital improvement.
(b) The secretary of wildlife and parks shall designate annually a portion of all moneys appropriated for local government outdoor recreation grants for renovations and repairs to provide safety improvements, accessibility for persons with physical or developmental disabilities and other improvements, including improvements to attain compliance with the requirements imposed under the federal Americans with disabilities act.
History:
L. 1998, ch. 70, § 3; L. 2012, ch. 47, § 77; L. 2023, ch. 7, § 90; July 1.
2023 Kansas Statutes › Chapter 32 - Wildlife, Parks And Recreation › Article 13 - Dangerous Regulated Animals › 32-1301 Definitions.

32-1301.
Definitions.
As used in this act:
(a) "Person" means any individual, firm, partnership, corporation, association, municipality or other business entity.
(b) "Wildlife sanctuary" means a not-for-profit organization exempt from federal income taxation pursuant to section 501 (c)(3) of the internal revenue code of 1986, as in effect on July 1, 2006, that:
(1) Operates a place of refuge where abused, neglected, unwanted, impounded, abandoned, orphaned or displaced dangerous regulated animals are provided care for such animal's lifetime;
(2) does not conduct any commercial activity with respect to any dangerous regulated animal possessed by the organization;
(3) does not sell, trade, auction, lease or loan dangerous regulated animals, or parts thereof, which the organization possesses;
(4) does not breed any dangerous regulated animal of which the organization possesses, except as an integral part of the species survival plan of the American zoo and aquarium association;
(5) does not conduct any activity that is not inherent to the dangerous regulated animal's nature;
(6) does not use the dangerous regulated animal for any type of entertainment purposes; and
(7) operates a refuge in compliance with regulations promulgated by the United States department of agriculture for dangerous regulated animals, except non-native, venomous snakes, under the animal welfare act, public law 89-544, as amended and in effect on July 1, 2006, and the regulations and standards adopted under such act in effect on July 1, 2006, relating to operations, animal health and husbandry. All dangerous regulated animals shall be caged in compliance with the provisions set forth in K.S.A. 32-1306, and amendments thereto.
(c) "Possess" means to own, care for, have custody of or control.
(d) "Dangerous regulated animal" means a live or slaughtered parts of:
(1) Lions, tigers, leopards, jaguars, cheetahs and mountain lions, or any hybrid thereof;
(2) bears or any hybrid thereof; and
(3) all non-native, venomous snakes.
(e) "Local animal control authority" means an agency of the county or city that is responsible for animal control operations in such governmental entity's jurisdiction and includes the animal control officer, as defined by K.S.A. 47-1701, and amendments thereto, of such county or city. If the county or city does not have an animal control officer, for cities of the first class, the chief law enforcement officer shall have the local animal control authority duties and responsibilities pursuant to this act and for all other cities and counties, the county sheriff shall have the local animal control authority duties and responsibilities pursuant to this act.
(f) "Registered designated handler" means a person who is registered or would be required to be registered pursuant to K.S.A. 32-1310, and amendments thereto.
History:
L. 2006, ch. 131, § 1; July 1.
2023 Kansas Statutes › Chapter 32 - Wildlife, Parks And Recreation › Article 13 - Dangerous Regulated Animals › 32-1302 Unlawful acts; compliance with USDA regulations; USDA license.

32-1302.
Unlawful acts; compliance with USDA regulations; USDA license.
(a) Except as provided in this section, it is unlawful for a person to possess, slaughter, sell, purchase or otherwise acquire a dangerous regulated animal.
(b) On and after October 1, 2006, a person who possesses a dangerous regulated animal shall be in compliance with regulations promulgated by the United States department of agriculture for dangerous regulated animals, except non-native, venomous snakes, under the animal welfare act, public law 89-544, as amended and in effect on July 1, 2006, and the regulations and standards adopted under such act in effect on July 1, 2006, relating to operations, animal health and husbandry; and to provide adequate veterinary care for dangerous regulated animals. All dangerous regulated animals shall be caged in compliance with the provisions set forth in K.S.A. 32-1306, and amendments thereto.
(c) Except as provided in subsection (d), a person shall not take possession of a dangerous regulated animal or allow dangerous regulated animals in such person's possession to breed.
(d) A person who possesses a valid United States department of agriculture license, is in compliance with the United States department of agriculture animal welfare act, regulations and standards on July 1, 2006, and, within 10 years preceding July 1, 2006, has not been convicted of a felony under the laws of Kansas or a crime under a law of another jurisdiction which is substantially the same as a felony, may breed, purchase or otherwise acquire new dangerous regulated animals after July 1, 2006, in order to:
(1) Maintain the operating inventory of dangerous regulated animals possessed on July 1, 2006;
(2) sell dangerous regulated animals to other United States department of agriculture licensed and compliant facilities within Kansas for replacement purposes as provided in paragraph (1); and
(3) sell dangerous regulated animals outside Kansas.
History:
L. 2006, ch. 131, § 2; July 1.
2023 Kansas Statutes › Chapter 32 - Wildlife, Parks And Recreation › Article 13 - Dangerous Regulated Animals › 32-1303 Registration with local animal control authority; notification; microchip implant; inspection.

32-1303.
Registration with local animal control authority; notification; microchip implant; inspection.
(a) On and after September 1, 2006, a person who possesses a dangerous regulated animal shall notify, in writing, and register the dangerous regulated animal with the local animal control authority.
(b) The notification shall include the person's name, address, telephone number and a complete inventory of each dangerous regulated animal that the person possesses. The inventory shall include the following information: Number and species of each dangerous regulated animal; the microchip identification number and manufacturer of such microchip for each dangerous regulated animal, if available; the exact location where each dangerous regulated animal is kept; the age, sex, color, weight, scars and any distinguishing marks of each dangerous regulated animal; and the name of any person who is a registered designated handler.
(c) When a person who possesses a dangerous regulated animal has a microchip implanted in such animal for identification, the name of the microchip manufacturer and the microchip identification number shall be provided to the local animal control authority. If a dangerous regulated animal is sedated for any reason and such animal does not have a microchip implanted, a microchip shall be implanted in such animal. Within 30 days after the microchip is implanted, the name of the microchip manufacturer and the microchip identification number shall be provided to the local animal control authority. Within 30 days of acquisition, a person acquiring ownership of an offspring with a microchip implanted shall comply with microchip information reporting requirements of this subsection.
(d) A local animal control authority may inspect the premises where dangerous regulated animals are physically located.
History:
L. 2006, ch. 131, § 3; July 1.
2023 Kansas Statutes › Chapter 32 - Wildlife, Parks And Recreation › Article 13 - Dangerous Regulated Animals › 32-1304 Fees; liability coverage or bond.

32-1304.
Fees; liability coverage or bond.
(a) The local animal control authority may charge the following annual fees:
(1) Premises inspection fee not more than $100.
(2) Dangerous regulated animal registration fee, per animal, not more than $50. The maximum amount charged for such animal registration per person is $500.
(3) Additional premise inspection fee, if the person acquires and possesses another type of dangerous regulated animal, not more than $100.
(b) A certificate of registration shall be issued by the local animal control authority to the person for each dangerous regulated animal and inspection upon payment of the fee.
(c) Any person who possesses a dangerous regulated animal shall maintain liability insurance coverage or secure a bond in an amount of not less than $250,000 for each occurrence for liability damages for destruction of or damage to property and death or bodily injury to a person caused by the dangerous regulated animal. The person possessing the animal shall provide a copy of the policy for liability insurance or proof of the bond to the local animal control authority. Any insurer shall notify the local animal control authority, in writing, of any expiration, reduction or cancellation of liability insurance, furnished as required by this subsection, not later than 10 days before the expiration, reduction or cancellation takes effect. Any surety company who secures the performance of the bond shall notify the local animal control authority, in writing, of any expiration, reduction or cancellation of the bond, furnished as required by this subsection, not later than 10 days before the expiration, reduction or cancellation takes effect.
(d) Any fees charged and collected shall be retained by the local animal control authority to be used to implement the provisions of this act.
History:
L. 2006, ch. 131, § 4; July 1.
2023 Kansas Statutes › Chapter 32 - Wildlife, Parks And Recreation › Article 13 - Dangerous Regulated Animals › 32-1305 Health and ownership records; change of address notification; escape notification.

32-1305.
Health and ownership records; change of address notification; escape notification.
(a) A person who possesses a dangerous regulated animal shall meet the requirements set forth in this section.
(b) A person who possesses a dangerous regulated animal shall maintain health and ownership records on each dangerous regulated animal and shall maintain the records for the life of the animal. If possession of the dangerous regulated animal is transferred to another person, a copy of the health and ownership records shall accompany the animal.
(c) A person who possesses a dangerous regulated animal shall maintain an ongoing program of veterinary care which includes a veterinary visit to the premises at least annually.
(d) A person who possesses a dangerous regulated animal shall notify the local animal control authority in writing within 10 days of a change in address or location where the dangerous regulated animal is kept.
(e) A person with a United States department of agriculture license for dangerous regulated animals shall forward a copy of such person's United States department of agriculture inspection report to the local animal control authority within 30 days of receipt of the inspection report.
(f) A person who possesses a dangerous regulated animal shall prominently display a sign on the structure where the animal is housed indicating that a dangerous regulated animal is on the premises.
(g) A person who possesses a dangerous regulated animal shall immediately notify local law enforcement officials of any escape of a dangerous regulated animal. The person who possesses the dangerous regulated animal is liable for any costs incurred by any person, city, county or state agency resulting from the escape of a dangerous regulated animal unless the escape is due to a criminal act by another person or a natural event.
(h) A person who possesses a dangerous regulated animal shall maintain a written recovery plan in the event of the escape of a dangerous regulated animal. The person shall maintain live traps or other equipment necessary to assist in the recovery of the dangerous regulated animal.
(i) If requested by the local animal control authority, a person may not move a dangerous regulated animal from such animal's location unless the person notifies the local animal control authority prior to moving the animal. The notification shall include the date and the location where the animal is moved. This subsection shall not apply to a dangerous regulated animal transported to a licensed veterinarian.
(j) If a person who possesses a dangerous regulated animal can no longer care for the animal, the person shall take the appropriate steps to find long-term placement for the dangerous regulated animal.
History:
L. 2006, ch. 131, § 5; July 1.
2023 Kansas Statutes › Chapter 32 - Wildlife, Parks And Recreation › Article 13 - Dangerous Regulated Animals › 32-1306 Cage and care requirements for dangerous regulated animals; protection of such animals; physical contact with and presence on public property prohibited, exceptions.

32-1306. Cage and care requirements for dangerous regulated animals; protection of such animals; physical contact with and presence on public property prohibited, exceptions.
(a) All dangerous regulated animals shall be confined within a cage of sufficient strength and design for the purposes of maintaining and housing or transporting the animal. The requirements for sufficient caging shall be established by rules and regulations adopted by the secretary of wildlife and parks. Any cage or confinement structure shall be constructed in such a manner that prohibits physical contact with any person other than such persons listed in subsection (d).
(b) No dangerous regulated animal shall be allowed to be tethered, leashed or chained outdoors, or allowed to run at large.
(c) A dangerous regulated animal shall not be mistreated, neglected, abandoned or deprived of necessary food, water and sustenance.
(d) A dangerous regulated animal shall not be allowed to come into physical contact with any person other than the person possessing the animal, the registered designated handler or a veterinarian administering medical examination, treatment or care.
(e) A dangerous regulated animal shall not be brought to any public property or commercial or retail establishment, except to bring the animal to a licensed veterinarian or veterinarian clinic.
History:
L. 2006, ch. 131, § 6; L. 2012, ch. 47, § 78; L. 2023, ch. 7, § 91; July 1.
2023 Kansas Statutes › Chapter 32 - Wildlife, Parks And Recreation › Article 13 - Dangerous Regulated Animals › 32-1308 Exemptions from provisions of act.

32-1308. Exemptions from provisions of act.
Exemptions to the provisions set forth in this act are as follows:
(a) Institutions accredited by the American zoo and aquarium association or the zoological association of America shall be exempt from K.S.A. 32-1302 and 32-1303, and amendments thereto.
(b) A wildlife sanctuary registered with the local animal control authority shall be exempt from K.S.A. 32-1302, and amendments thereto.
(c) The Kansas department of wildlife and parks, or a person issued a permit by the secretary pursuant to K.S.A. 32-952, and amendments thereto, shall be exempt from this act.
(d) A licensed or accredited research or medical institution shall be exempt from K.S.A. 32-1302 and 32-1303, and amendments thereto.
(e) A United States department of agriculture licensed exhibitor of dangerous regulated animals while transporting or as part of a circus, carnival, rodeo or fair shall be exempt from this act.
History:
L. 2006, ch. 131, § 8; L. 2012, ch. 47, § 79; L. 2023, ch. 7, § 92; July 1.
2023 Kansas Statutes › Chapter 32 - Wildlife, Parks And Recreation › Article 13 - Dangerous Regulated Animals › 32-1309 Selling or transferring animals.

32-1309.
Selling or transferring animals.
Nothing in this act shall preclude a person who holds a valid United States department of agriculture license from selling or transferring the entire business and the dangerous regulated animals covered by such license to another person who holds a valid United States department of agriculture license.
History:
L. 2006, ch. 131, § 9; July 1.
2023 Kansas Statutes › Chapter 32 - Wildlife, Parks And Recreation › Article 13 - Dangerous Regulated Animals › 32-1310 Reports to the department of wildlife and parks; violations of act; registered designated handler, fee; educational training programs; rules and regulations.

32-1310. Reports to the department of wildlife and parks; violations of act; registered designated handler, fee; educational training programs; rules and regulations.
(a) Annually, on or before April 1, a local animal control authority shall report to the secretary of wildlife and parks on dangerous regulated animals registered with the local animal control authority during the preceding calendar year. The report shall include all registration information submitted to the local animal control authority under K.S.A. 32-1303(b), and amendments thereto, and information on enforcement actions taken under this act.
(b) It shall be a violation of this act for a person who does not own the dangerous regulated animal, to care for, have custody or control of such animal unless such person is a registered designated handler. Any such person applying for a designated handler registration shall file an application on a form prescribed by the local animal control authority. Application for such registration shall be accompanied by an application fee not exceeding $25. If the local animal control authority finds the applicant to be qualified to be a registered designated handler after meeting the training, experience and ability requirements determined by the secretary of wildlife and parks, the local animal control authority shall issue a designated handler registration that shall expire at the end of the calendar year.
(c) The secretary of wildlife and parks shall provide educational training programs for the local animal control authority concerning the provisions of this act and the handling of dangerous regulated animals.
(d) The secretary of wildlife and parks shall adopt rules and regulations:
(1) Establishing training, experience and ability requirements for registered designated handlers; and
(2) to implement the provisions of this act.
History:
L. 2006, ch. 131, § 10; L. 2012, ch. 47, § 80; L. 2023, ch. 7, § 93; July 1.
2023 Kansas Statutes › Chapter 32 - Wildlife, Parks And Recreation › Article 13 - Dangerous Regulated Animals › 32-1311 Requirements of county resolutions or city ordinances; compliance with act.

32-1311.
Requirements of county resolutions or city ordinances; compliance with act.
A county or city may adopt resolutions or ordinances governing dangerous regulated animals that are more restrictive than this act. Such resolution or ordinance may include, but not be limited to, additional animals to the definition of a dangerous regulated animal, additional caging standards, and stricter care and treatment provisions. If a county or city already has a resolution or ordinance in existence that is substantially the same or more restrictive, such county or city shall be in compliance with this act.
History:
L. 2006, ch. 131, § 11; July 1.
2023 Kansas Statutes › Chapter 32 - Wildlife, Parks And Recreation › Article 14 - Tourism › 32-1401 Contracts for promotional advertising services; exemption from state competitive bidding law.

32-1401. Contracts for promotional advertising services; exemption from state competitive bidding law.
The secretary of commerce is hereby authorized to negotiate and enter into contracts for promotional advertising services for the performance of the powers, duties and functions of the Kansas department of commerce. All such contracts shall be exempt from the competitive bidding requirements of K.S.A. 75-3739, and amendments thereto.
History:
L. 2012, ch. 47, § 1; L. 2023, ch. 7, § 94; July 1.
2023 Kansas Statutes › Chapter 32 - Wildlife, Parks And Recreation › Article 14 - Tourism › 32-1402 Division of tourism, establishment, administration and purpose; director of tourism, appointment, authority and compensation.

32-1402. Division of tourism, establishment, administration and purpose; director of tourism, appointment, authority and compensation.
There is hereby established within and as a part of the Kansas department of commerce a division of tourism, the head of which shall be the director of tourism. The purpose of the division of tourism shall be to increase the number of visitors to Kansas by promoting the state as a travel and learning opportunity to both Kansans and non-Kansans alike. Under the supervision of the secretary of commerce, the director of tourism shall administer the division of tourism. The secretary of commerce shall appoint the director of tourism and the director shall serve at the pleasure of the secretary. The director of tourism shall be in the unclassified service under the Kansas civil service act and shall receive an annual salary fixed by the secretary of commerce and approved by the governor.
History:
L. 1982, ch. 340, § 1; L. 1985, ch. 256, § 14; L. 1986, ch. 296, § 15; L. 2012, ch. 47, § 97; L. 2023, ch. 7, § 95; July 1.
2023 Kansas Statutes › Chapter 32 - Wildlife, Parks And Recreation › Article 14 - Tourism › 32-1403 Division of tourism; powers.

32-1403. Division of tourism; powers.
The division of tourism of the Kansas department of commerce is hereby authorized and empowered to:
(a) Encourage and promote the traveling public to visit this state by publicizing information as to the recreational, historic and natural advantages of the state and its facilities for transient travel and to contract with organizations for the purpose of promoting tourism within the state;
(b) request other state agencies such as, but not limited to, the Kansas water office the department of wildlife and parks and the department of transportation, for assistance and all such agencies shall coordinate information and their respective efforts with the department to most efficiently and economically carry out the purpose and intent of this subsection; and
(c) solicit and receive moneys from any public or private source and administer a program of matching grants to provide assistance to those entities described in K.S.A. 32-1420, and amendments thereto, in the promotion of tourism and the development of quality tourist attractions in this state.
History:
L. 1982, ch. 340, § 1; L. 1985, ch. 256, § 14; L. 1986, ch. 296, § 15; L. 2012, ch. 47, § 97; L. 2023, ch. 7, § 96; July 1.
2023 Kansas Statutes › Chapter 32 - Wildlife, Parks And Recreation › Article 14 - Tourism › 32-1411 Duties; reports.

32-1411. Duties; reports.
The council on travel and tourism shall:
(a) Advise the Kansas department of commerce in the development and implementation of the state's tourism marketing and business development program including, but not limited to, long-range strategies for attracting visitors to the state;
(b) report to the Kansas department of commerce information for preparation of the annual budget for the division of tourism development;
(c) identify and review tourism related issues and current state policies and programs which directly or indirectly affect travel and tourism in the state and, as appropriate, recommend the adoption of new, or the modification of existing, policies and programs; and
(d) perform such other acts as may be necessary in carrying out the duties of the council.
History:
L. 1987, ch. 279, § 2; L. 1996, ch. 205, § 4; L. 1997, ch. 171, § 6; L. 2003, ch. 154, § 85; L. 2012, ch. 47, § 109; L. 2023, ch. 7, § 98; July 1.
2023 Kansas Statutes › Chapter 32 - Wildlife, Parks And Recreation › Article 14 - Tourism › 32-1412 State tourism fund, establishment, administration, expenditures, budget estimates; legislative approval of itemized expenditures; interest earnings.

32-1412. State tourism fund, establishment, administration, expenditures, budget estimates; legislative approval of itemized expenditures; interest earnings.
(a) There is hereby established in the state treasury the state tourism fund. All moneys credited to the state tourism fund shall only be used for expenditures for the purposes of developing new tourism attractions in Kansas and to significantly expand existing tourism attractions in Kansas. Both public and private entities shall be eligible to apply for funds under the provisions of this act.
(b) The secretary of commerce shall administer the provisions of this act. The secretary may adopt rules and regulations establishing criteria for obtaining grants and other expenditures from such fund and other matters deemed necessary for the administration of this act.
(c) All expenditures from such fund shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the secretary of commerce or the secretary's designee.
(d) The secretary of commerce shall prepare and submit budget estimates for all proposed expenditures from the state tourism fund in accordance with the provisions of K.S.A. 75-3717 and 75-3717b, and amendments thereto. Such budget estimates shall include detailed information regarding all proposed expenditures for programs, projects, activities and other matters and shall set forth separately each program, project, activity or other expenditure for which the proposed expenditures from the state tourism fund for a fiscal year are for an amount that is equal to $50,000 or more. Appropriations for the Kansas department of commerce of moneys in the state tourism fund for each program, project, activity or other expenditure for a fiscal year for an amount that is equal to $50,000 or more shall be made as a separate item of appropriation.
(e) The legislature shall approve or disapprove of any itemized expenditure from the state tourism fund.
(f) On or before the 10th of each month, the director of accounts and reports shall transfer from the state general fund to the state tourism fund established in subsection (a) interest earnings based on:
(1) The average daily balance of moneys in the state tourism fund for the preceding month; and
(2) the net earnings rate of the pooled money investment portfolio for the preceding month.
History:
L. 1997, ch. 171, § 1; L. 2003, ch. 154, § 86; L. 2012, ch. 47, § 110; L. 2023, ch. 7, § 99; July 1.
2023 Kansas Statutes › Chapter 32 - Wildlife, Parks And Recreation › Article 14 - Tourism › 32-1413 Same; oversight, inclusion of expenditures in department of commerce budget.

32-1413. Same; oversight, inclusion of expenditures in department of commerce budget.
(a) The council on travel and tourism, established under K.S.A. 32-1410, and amendments thereto, shall oversee all matters concerning the state tourism fund and expenditures therefrom.
(b) The council, by a majority vote, shall determine for inclusion in the Kansas department of commerce budget expenditures from the state tourism fund.
History:
L. 1997, ch. 171, § 2; L. 2003, ch. 154, § 87; L. 2012, ch. 47, § 111; L. 2023, ch. 7, § 100; July 1.
2023 Kansas Statutes › Chapter 32 - Wildlife, Parks And Recreation › Article 14 - Tourism › 32-1420 Matching grant program to assist tourism and tourist attractions development; eligibility; administration by secretary; rules and regulations.

32-1420. Matching grant program to assist tourism and tourist attractions development; eligibility; administration by secretary; rules and regulations.
(a) There is hereby established a state matching grant program to provide assistance in the promotion of tourism and development of quality tourist attractions within the state of Kansas. Grants awarded under this program shall be limited to not more than 40% of the cost of any proposed project. Applicants shall not utilize any state moneys to meet the matching requirements under the provisions of this program. Both public and private entities shall be eligible to apply for a grant under the provisions of this act. Not less than 75% of all moneys granted under this program shall be allocated to public entities or entities exempt from taxation under the provisions of 501(c)(3) of the federal internal revenue code of 1986, and amendments thereto. No more than 20% of moneys granted to public or nonprofit entities shall be granted to any single such entity. Furthermore, no more than 20% of moneys granted to private entities shall be granted to any single such entity. The secretary of commerce shall administer the provisions of this act and the secretary may adopt rules and regulations establishing criteria for qualification for a matching grant and such other matters deemed necessary by the secretary for the administration of this act.
(b) For the purpose of K.S.A. 32-1420 through 32-1422, and amendments thereto, "tourist attraction" means a site that is of significant interest to tourists as a historic, cultural, scientific, educational, recreational or architecturally unique site, or as a site of natural scenic beauty or an area naturally suited for outdoor recreation, however, under no circumstances shall "tourist attraction" mean a race track facility, as defined in K.S.A. 74-8802, and amendments thereto, or any casino or other establishment that operates class three games, as defined in 25 U.S.C. § 2703, as in effect on July 1, 1991.
History:
L. 1990, ch. 284, § 1; L. 1993, ch. 248, § 1; L. 2003, ch. 154, § 38; L. 2012, ch. 47, § 99; L. 2023, ch. 7, § 101; July 1.
2023 Kansas Statutes › Chapter 32 - Wildlife, Parks And Recreation › Article 14 - Tourism › 32-1421 Kansas tourist attraction evaluation committee; membership; powers and duties.

32-1421. Kansas tourist attraction evaluation committee; membership; powers and duties.
(a) There is hereby established the Kansas tourist attraction evaluation committee within the Kansas department of commerce. The committee shall consist of three members, all of whom shall have appropriate experience and expertise in the area of travel and tourism. The members of the committee shall be appointed by the secretary of commerce and shall serve at the secretary's pleasure.
(b) The committee shall screen, evaluate and approve or disapprove all applications for matching grants by those entities described in K.S.A. 32-1420, and amendments thereto, for the promotion of tourism and the development of tourist attractions in the state. The committee shall also provide technical advice upon request to any local tourist attraction upon ways to improve its operations.
(c) The director of tourism shall serve as a nonvoting chairperson of the committee and the committee shall annually elect a vice-chairperson from among its members. The committee shall meet upon call of the chairperson or upon call of any two of its members. Two voting members shall constitute a quorum for the transaction of business.
(d) All members of the committee shall serve without compensation or any other allowances authorized under the provisions of article 32 of chapter 75 of the Kansas Statutes Annotated, and amendments thereto.
History:
L. 1990, ch. 284, § 3; L. 2012, ch. 47, § 100; L. 2023, ch. 7, § 102; July 1.
2023 Kansas Statutes › Chapter 32 - Wildlife, Parks And Recreation › Article 14 - Tourism › 32-1422 Kansas tourist attraction matching grant development fund; administration; authorized uses; interest earnings.

32-1422. Kansas tourist attraction matching grant development fund; administration; authorized uses; interest earnings.
(a) There is hereby established the Kansas tourist attraction matching grant development fund in the state treasury. The Kansas tourist attraction matching grant development fund shall be administered by the secretary of commerce. All moneys in the Kansas tourist attraction matching grant development fund shall be used to provide matching grants to provide assistance in the promotion of tourism and the development of quality tourist attractions within this state in accordance with this act.
(b) All moneys received pursuant to K.S.A. 32-1403, and amendments thereto, shall be remitted to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the Kansas tourist attraction matching grant development fund.
(c) On or before the 10th of each month, the director of accounts and reports shall transfer from the state general fund to the Kansas tourist attraction matching grant development fund interest earnings based on:
(1) The average daily balance of moneys in the Kansas tourist attraction matching grant development fund for the preceding month; and
(2) the net earnings rate for the pooled money investment portfolio for the preceding month.
History:
L. 1990, ch. 284, § 4; L. 1992, ch. 272, § 10; L. 1996, ch. 253, § 25; L. 2001, ch. 5, § 326; L. 2003, ch. 154, § 39; L. 2012, ch. 47, § 101; L. 2023, ch. 7, § 103; July 1.
2023 Kansas Statutes › Chapter 32 - Wildlife, Parks And Recreation › Article 14 - Tourism › 32-1431 Purpose.

32-1431.
Purpose.
The purpose of this act is to promote rural tourism and rural economic development by encouraging owners or operators of farms, ranches, and rural attractions, including historic, cultural, and natural attractions, to invite members of the public to view, observe and participate in such operations and attractions for recreational or entertainment purposes. This act shall be liberally construed to effectuate that purpose.
History:
L. 2004, ch. 97, § 2; July 1.
2023 Kansas Statutes › Chapter 32 - Wildlife, Parks And Recreation › Article 14 - Tourism › 32-1432 Definitions.

32-1432. Definitions.
As used in K.S.A. 32-1430 through 32-1438, and amendments thereto:
(a) "Agritourism activity" means any activity which 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 whether or not the participant pays to participate in the activity. 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.
History:
L. 2004, ch. 97, § 3; L. 2012, ch. 47, § 102; L. 2023, ch. 7, § 104; July 1.
2023 Kansas Statutes › Chapter 32 - Wildlife, Parks And Recreation › Article 14 - Tourism › 32-1433 Registration of agritourism operators.

32-1433. Registration of agritourism operators.
(a) Any person who is engaged in the business of providing one or more agritourism activities may register with the secretary of commerce. The registration shall contain all of the following:
(1) Information describing the agritourism activity that the person conducts or intends to conduct.
(2) Information describing the location where the person conducts or intends to conduct such agritourism activity.
(b) The secretary shall maintain a list of all registered agritourism operators, the registered agritourism activities conducted by each operator and the registered agritourism location where the operator conducts such activities. Such list shall be made available to the public. The secretary, in conjunction with other agritourism and rural economic efforts of the secretary, shall promote and publicize registered agritourism operators, activities and locations to advance the purpose of this act by promoting and encouraging tourism.
(c) Registration pursuant to this section shall be for a period of five years.
(d) No fee shall be charged to persons registering under this section.
History:
L. 2004, ch. 97, § 4; L. 2012, ch. 47, § 103; L. 2023, ch. 7, § 105; July 1.
2023 Kansas Statutes › Chapter 32 - Wildlife, Parks And Recreation › Article 14 - Tourism › 32-1434 Warning notice requirements.

32-1434.
Warning notice requirements.
(a) At every registered agritourism location, the registered agritourism operator shall post and maintain signage which contains the warning notice specified in subsection (c). This section shall be deemed satisfied if such signage is placed in a clearly visible location at or near the registered agritourism location. The warning notice specified in subsection (c) shall appear on the sign in black letters, with each letter to be a minimum of one inch in height.
(b) Every written contract entered into by a registered agritourism operator for the providing of a registered agritourism activity shall contain in clearly readable print the warning notice and language specified in subsection (c).
(c) The signs described in subsection (a) and the contracts described in subsection (b) shall contain the following warning notice:
WARNING
Under Kansas law, there is no liability for an injury or death of a participant in a registered agritourism activity conducted at this registered agritourism location if such injury or death results from the inherent risks of such agritourism activity. Inherent risks of agritourism activities include, but shall not be limited to, the potential of you as a participant to act in a negligent manner that may contribute to your injury or death and the potential of another participant to act in a negligent manner that may contribute to your injury or death. You are assuming the risk of participating in this registered agritourism activity.
(d) Upon request, the registered agritourism operator shall provide to any participant a written description of the registered agritourism activity, as set forth in the registration pursuant to K.S.A. 32-1433, and amendments thereto, for which this act limits the registered agritourism operator's liability at the registered agritourism location.
History:
L. 2004, ch. 97, § 5; July 1.