Session of 1999
         
HOUSE BILL No. 2270
         
By Committee on Federal and State Affairs
          
2-4
          
  9             AN  ACT concerning sport shooting ranges; relating to the operation
10             thereof; amending K.S.A. 1998 Supp. 12-758 and repealing the existing
11             section.
12      
13       Be it enacted by the Legislature of the State of Kansas:
14             New Section  1. (a) As used in this act:
15             (1) "Secretary" means the secretary of the department of wildlife and
16       parks.
17             (2) "Municipality" means any city, county, township or other political
18       subdivision of the state.
19             (3) "Person" means an individual, partnership, corporation or other
20       legal entity.
21             (4) "Sport shooting range" or "range" means an area designed and
22       operated for the use of archery, rifles, shotguns, pistols, semiautomatic
23       firearms, skeet, trap, black powder or any other similar sport shooting.
24             (b) The secretary shall adopt, pursuant to rules and regulations, gen-
25       erally accepted operation practices for sport shooting ranges. Such rules
26       and regulations shall be adopted within 180 days of the effective date of
27       this act and shall include, but not be limited to the:
28             (1) Safe handling and use of black powder, archery, skeet and trap
29       equipment, rifles, shotguns, pistols and other firearms used at sport shoot-
30       ing ranges; and
31             (2) design and operation of sport shooting ranges.
32             (c) Any person who owns, operates, manages or uses a sport shooting
33       range in compliance with generally accepted operation practices shall not
34       be subject to civil liability or criminal prosecution in any matter relating
35       to noise or noise pollution resulting from the operation or use of the range
36       if the range is in compliance with any noise control laws or ordinances
37       that applied to the range and its operation at the time of construction or
38       initial operation of the range. A court shall not enjoin or restrain the use
39       or operation of a range on the basis of noise or noise pollution.
40             (d) Any person who owns, operates, manages or uses a sport shooting
41       range that conforms to generally accepted operation practices shall not
42       be subject to civil liability or criminal prosecution for nuisance if the range
43       is in compliance with any noise control laws or ordinances that applied

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  1       to the range and its operation at the time of construction or initial op-
  2       eration of the range.
  3             (e) Except for rules and regulations adopted pursuant to subsection
  4       (b), any rules and regulations adopted by a state department or agency
  5       for limiting levels of noise in terms of decibel level which may occur in
  6       the outdoor atmosphere shall not apply to a sport shooting range.
  7             Sec.  2. K.S.A. 1998 Supp. 12-758 is hereby amended to read as fol-
  8       lows: 12-758. (a) Except as otherwise provided by this section and K.S.A.
  9       1998 Supp. 12-770 and 12-771, and amendments thereto, regulations
10       adopted under authority of this act shall not apply to the existing use of
11       any building or land, but shall apply to any alteration of a building to
12       provide for a change in use or a change in the use of any building or land
13       after the effective date of any regulations adopted under this act. Except
14       as otherwise provided by this section, if a building is damaged by more
15       than 50% of its fair market value such building shall not be restored if
16       the use of such building is not in conformance with the regulations
17       adopted under this act.
18             (b) Except for flood plain regulations in areas designated as a flood
19       plain, regulations adopted by a city pursuant to K.S.A. 12-715b, and
20       amendments thereto, or a county pursuant to this act shall not apply to
21       the use of land for agricultural purposes, nor for the erection or main-
22       tenance of buildings thereon for such purposes so long as such land and
23       buildings are used for agricultural purposes and not otherwise.
24             (c) Except for flood plain regulations in areas designated as a flood
25       plain, regulations adopted pursuant to this act shall not apply to the use
26       of land used for the operation of a sport shooting range, nor for the erec-
27       tion or maintenance of buildings thereon if (1) such range is in compliance
28       with generally accepted operation practices adopted pursuant to section
29       2, and amendments thereto, and (2) such land is used for the operation
30       of a sport shooting range and not otherwise.
31             Any building located on land used for the operation of a sport shooting
32       range may be restored without conforming to regulations adopted under
33       this act. If such building is damaged by more than 50% of its fair market
34       value, the restoration of such building shall be completed within one year
35       following the date of the damage or settlement of any property damage
36       claim. If such restoration is not completed within such time period, the
37       use of such building shall be subject to the provisions of this section as
38       they apply to other building and land uses.
39             New Sec.  3. Subject to the provisions of K.S.A. 12-758 and section
40       1, and amendments thereto, a municipality may regulate the location, use,
41       operation and construction of a sport shooting range. 
42       Sec.  4. K.S.A. 1998 Supp. 12-758 is hereby repealed.

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  1        Sec.  5. This act shall take effect and be in force from and after its
  2       publication in the statute book.