As Amended by Senate Committee
[As Amended by House Committee of the
Whole]
As Amended by House Commettee
Session of 1998
HOUSE BILL No. 2886
By Committee on Federal and State Affairs
2-11
14
AN ACT concerning the regulation and
application of state and local laws,
15 rules,
regulations and ordinances to sport shooting ranges;
providing
16 civil
immunity to persons who operate or use such
ranges.
17 AN ACT
concerning sport shooting ranges; relating to the
operation
18 thereof;
amending K.S.A. 1997 Supp. 12-758 and repealing the
19 existing
section.
20
21 Be it enacted by the Legislature of the
State of Kansas:
22
Section 1. As used in this
act:
23
(a) ``Generally accepted operation practice'' means those
practices
24 adopted by the Kansas department
of wildlife and parks and established
25 by a nationally recognized
nonprofit membership organization that pro-
26 vides voluntary firearm safety
programs which include training individuals
27 in the safe handling and use of
firearms and which practices are developed
28 with consideration of all
information reasonably available regarding the
29 operation of shooting ranges.
The generally accepted operation practices
30 shall be reviewed at least every
seven years by the Kansas wildlife and
31 parks commission and reviewed as
the department considers necessary.
32 The commission shall adopt
generally accepted operation practices within
33 180 days of the effective date
of this act.
34 (b) ``Local
unit of government'' means a county, city, township or
any
35 other political subdivision of
the state, or any agency, authority, institution
36 or instrumentality
thereof.
37
(c) ``Person'' means an individual, proprietorship,
partnership, cor-
38 poration, club, governmental
entity or other legal entity.
39 (d) ``Sport
shooting range'' or ``range'' means an area designed
and
40 operated for the use of archery,
rifles, shotguns, pistols, semiautomatic
41 military style
firearms, skeet, trap, black powder or any other similar
sport
42 shooting.
43
Sec. 2. (a) Notwithstanding any other provision of law,
and in addi-
HB 2886--Am. by S
2
1 tion to other protections
provided in this act, a person who owns, operates
2
or,
manages or
uses a sport shooting range that
conforms to generally
3 accepted operation
practices in this state is not subject to civil liability
or
4 criminal prosecution in
any matter relating to noise or noise pollution
5 resulting from the
operation or use of the range if the range is in
com-
6 pliance with any noise
control laws or ordinances that applied to the
range
7 and its operation at the
time of construction or initial operation of the
8 range.
9 (b) In
addition to any civil protection provided by this act, a
person
10 who owns,
operates, manages
or uses a sport shooting range that
con-
11 forms to generally accepted
operation practices is not subject to an action
12 for nuisance, and a court of the
state shall not enjoin or restrain the use
13 or operation of a range on the
basis of noise or noise pollution, if the
14 range is in compliance with any
noise control laws or ordinances that
15 applied to the range and its
operation at the time of construction or initial
16 operation of the
range.
17 (c) Rules or
regulations adopted by any state department or
agency
18 for limiting levels or noise in
terms of decibel level which may occur in
19 the outdoor atmosphere do not
apply to a sport shooting range immune
20 from liability under this act.
However, this subsection does not constrict
21 the application of any provision
of the generally accepted operation prac-
22 tices.
23
Sec. 3. (a) A sport shooting range that is operated and
is not in vio-
24 lation of state law at the time
of the enactment of an ordinance shall be
25 permitted to continue in
operation even if the operation of the sport
26 shooting range at a later date
does not conform to the new ordinance or
27 amendment to an existing
ordinance.
28 (b) A sport
shooting range that is in existence as of the effective
date
29 of this act and operates in
compliance with generally accepted operation
30 practices, even if not in
compliance with an ordinance of a local unit of
31 government, shall be permitted
to do all of the following within its pre-
32 existing geographic boundaries
if in compliance with generally accepted
33 operation
practices:
34 (1) Repair,
remodel or reinforce any improvement or facilities
or
35 building or structure as may be
necessary in the interest of public safety
36 or to secure the continued use
of the building or improvement;
37
(2) reconstruct, repair, rebuild or resume the use of a
facility or build-
38 ing damaged by fire, collapse,
explosion, act of god or act of war occurring
39 after the effective date of this
act. The reconstruction, repair or restora-
40 tion shall be completed within
one year following the date of the damage
41 or settlement of any property
damage claim. If reconstruction, repair or
42 restoration is not completed
within one year as provided in this subsec-
43 tion, such reconstruction,
repair or restoration may be terminated in the
HB 2886--Am. by S
3
1 discretion of the local
unit of government; or
2 (3) do
anything authorized under generally accepted operation
prac-
3 tices, including, but not
limited to:
4
(A) Expand or enhance its membership or opportunities for
public
5 participation;
and
6
(B) expand or increase facilities and
activities.
7
Sec. 4. Except as otherwise provided, the provisions of
this act shall
8 not prohibit a local unit
of government from regulating the location, use,
9 operation, safety and
construction of a sport shooting range.
10
Sec. 5. Each person who participates in sport
shooting at a sport
11 shooting range that conforms in
generally accepted operation practices
12 accepts the risks associated with
the sport to the extent the risks are
13 obvious and inherent.
Those risks include, but are not limited to,
injuries
14 that may result from accidental
discharge of a projectile or shot, mal-
15 function of sport shooting
equipment not owned by the shooting range,
16 natural variations in terrain,
surface or subsurface snow or ice conditions,
17 bare spots, rocks, trees and other
forms of natural growth or debris.
Noth-
18 ing in this section shall
otherwise prevent a determination of com-
19 parative negligence pursuant to
K.S.A. 60-258a and amendments
20 thereto.
21 New
Section 1. As used in this act:
22 (a) ``Secretary''
means the secretary of the department of wild-
23 life and parks.
24
(b) ``Municipality'' means any city, county, township or
other
25 political subdivision of the
state.
26 (c) ``Person''
means an individual, partnership, corporation or
27 other legal entity.
28 (d) ``Sport
shooting range'' or ``range'' means an area designed
29 and operated for the use of archery,
rifles, shotguns, pistols, semi-
30 automatic firearms, skeet, trap,
black powder or any other similar
31 sport shooting.
32 New
Sec. 2. (a) The secretary shall adopt, pursuant to rules
and
33 regulations, generally accepted
operation practices for sport shoot-
34 ing ranges. Such practices shall
include, but not be limited to the:
35 (1) Safe handling
and use of black powder, archery, skeet and
36 trap equipment, rifles, shotguns,
pistols and other firearms used at
37 sport shooting ranges;
and
38 (2) design and
operation of sport shooting ranges.
39 (b) The secretary
shall adopt generally accepted operation
40 practices within 180 days of the
effective date of this act.
41
Sec. 3. K.S.A. 1997 Supp. 12-758 is hereby amended to
read as
42 follows: 12-758. (a) Except as
otherwise provided by this section
43 and K.S.A. 1997 Supp. 12-770 and
12-771, and amendments thereto,
HB 2886--Am. by S
4
1 regulations adopted under
authority of this act shall not apply to
2 the existing use of any
building or land, but shall apply to any al-
3 teration of a building to
provide for a change in use or a change in
4 the use of any building or land
after the effective date of any reg-
5 ulations adopted under this
act. Except as otherwise provided by this
6 section, if a building
is damaged by more than 50% of its fair market
7 value such building shall not
be restored if the use of such building
8 is not in conformance with the
regulations adopted under this act.
9 (b) Except
for flood plain regulations in areas designated as a
10 flood plain, regulations adopted by a
city pursuant to K.S.A. 12-
11 715b, and amendments thereto, or a
county pursuant to this act
12 shall not apply to the use of land
for agricultural purposes, nor for
13 the erection or maintenance of
buildings thereon for such purposes
14 so long as such land and buildings
are used for agricultural pur-
15 poses and not otherwise.
16
(c) Except for flood plain regulations in areas designated
as a flood
17 plain, regulations adopted pursuant to
this act shall not apply to the use
18 of land used for the operation of a
sport shooting range which is in op-
19 eration on July 1, 1998, if (1) such
range is in compliance with generally
20 accepted operation practices adopted
pursuant to section 2, and amend-
21 ments thereto, and (2) such land is used
continuously for the operation of
22 a sport shooting range and not
otherwise.
23 Any building located on
land used for the operation of a sport shooting
24 range may be restored without conforming
to regulations adopted under
25 this act. If such building is damaged by
more than 50% of its fair market
26 value, the restoration of such building
shall be completed within one year
27 following the date of the damage or
settlement of any property damage
28 claim. If such restoration is not
completed within such time period, the
29 use of such building shall be subject to
the provisions of this act.
30 New
Sec. 4. Subject to the provisions of sections 1, 2 and 3,
and
31 amendments thereto, a municipality
may regulate the location, use,
32 operation and construction of a sport
shooting range.
33
Sec. 5. K.S.A. 1997 Supp. 12-758 is hereby
repealed.
34 Sec. 6
[5] 6.. This act
shall take effect and be in force from and after
35 its publication in the Kansas
register statute book.
36