Session of 1999
HOUSE BILL No. 2270
By Committee on Federal and State Affairs
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
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
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
HB 2270 2
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.
HB 2270 3
1 Sec. 5. This act shall take effect and be in force from and after its
2 publication in the statute book.