Legislators seek override of agricultural tourism veto

? Legislators said Wednesday they would try to override Gov. Kathleen Sebelius’ veto of a bill intended to help agricultural tourism.

The bill had won unanimous approval in the Senate, where Agriculture Committee Chairman Derek Schmidt expressed confidence that the necessary two-thirds majority would vote to override the veto.

Under the measure, such farming and ranching activities as picking crops and riding horses would be classified as “recreational” activities for which paying visitors could not sue property owners if they were injured.

Owners of private property already have immunity from lawsuits for injuries suffered by paying visitors while hunting, camping and fishing.

Injury lawsuits would still be allowed, however, if tourism operators knowingly exposed visitors to dangerous conditions.

Legislators were surprised by Sebelius’ veto of a bill they hoped would promote agricultural tourism by protecting farmers and ranchers from liability.

“It’s a real shame the governor picked a fight on this small bill,” said Schmidt, R-Independence. He added that in Kansas’ smallest counties, “the most rural counties, the poorest counties, a lot of people had a lot riding on this bill.”

An override attempt also is likely in the House, where the bill received two votes more than constituted a two-thirds majority, Rep. Becky Hutchins, R-Holton, said.

Sebelius’ chief counsel, Matt All, said the governor wanted to help farmers and promote agricultural tourism but believed the bill would be counterproductive.

That is because it would not obligate tourism operators to disclose the dangers in some activities, putting both tourists and the industry at risk, All said.

“There was absolutely no recourse whatsoever for a family who is injured by some irresponsible individual under the guise of agricultural tourism unless that person intentionally injured the family,” All said.

Most tourism operators were responsible and the bill would matter little to them, All said.

Senate President Dave Kerr linked the veto to Sebelius’ ties to the Kansas Trial Lawyers Assn., the bill’s main opponent.

Kerr told the MidAmerica News Network on Wednesday that senators believed they had reached a compromise with the group, which Sebelius served as executive director from 1978 to 1986. The veto showed that Sebelius favored the trial lawyers more than agricultural interests, Kerr, R-Hutchinson, said.

All said the trial lawyers’ group never lobbied Sebelius. Sebelius was willing to provide some immunity but not as much as proposed in the bill, All said.