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-

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  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

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  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,

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  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