SESSION OF 2000



SUPPLEMENTAL NOTE ON HOUSE BILL NO. 2564



As Amended by House Committee on

Federal and State Affairs





Brief (1)



HB 2564 concerns the regulation of sport shooting ranges. Sport shooting range is defined as an area designed and operated for the use of archery, rifles, shotguns, pistols, semiautomatic firearms, skeet, trap, black powder, or any other similar sports shooting. The bill would require the Kansas Department of Wildlife and Parks (KDWP) to adopt rules and regulations establishing generally accepted operating practices for sport shooting ranges. The generally accepted operating practices would be those safety practices established by a nationally recognized nonprofit membership organization that provides voluntary firearm safety programs. The Secretary of KDWP would be required to adopt these practices on or before January 1, 2001.



The bill would exempt from any civil liability or criminal prosecution for noise pollution or nuisance claims those shooting ranges that comply with the generally accepted operating practices. Those ranges would also have to have been in compliance with any applicable local noise regulations at the time of construction or initial operation of the range. The bill would allow a sport shooting range to continue in operation without being subject to state local zoning regulation if the range is in compliance with the generally accepted operating practices. Sport shooting ranges in existence on July 1, 2000, that conform to generally accepted operating practices, would be able to repair, reconstruct, or expand business within existing property whether or not in compliance with local regulation.



The House Committee amended the bill to give the Secretary of KDWP specific rulemaking authority related to the bill. Other House amendments are technical.





Background



Testimony in support of the bill was presented to the House Committee on Federal and State Affairs by a representative of the Kansas Sportsmen's Alliance.



Opposition to the bill was expressed by a representative of the League of Kansas Municipalities.



The bill is similar, but not identical to, HB 2550 which also was amended and recommended favorably by the House Committee on Federal and State Affairs.



The bill is similar to 1998 HB 2886, which was stricken from the Senate Calendar during the 1998 Session.



The fiscal note prepared by the Division of the Budget states that the bill will have no fiscal impact.

1. *Supplemental notes are prepared by the Legislative Research Department and do not express legislative intent. The supplemental note and fiscal note for this bill may be accessed on the Internet at http://www.ink.org/public/legislative/bill_search.html