As Amended by House Committee
By Committee on Federal and State Affairs

10             AN  ACT concerning the regulation and application of state and local
11             laws, rules, regulations and ordinances to sport shooting ranges; pro-
12             viding civil immunity to persons who operate or use such ranges.
14       Be it enacted by the Legislature of the State of Kansas:
15             Section  1. As used in this act:
16             (a) ``Generally accepted operation practice'' means those practices
17       adopted by the Kansas department of wildlife and parks and established
18       by a nationally recognized nonprofit membership organization that pro-
19       vides voluntary firearm safety programs which include training individuals
20       in the safe handling and use of firearms and which practices are developed
21       with consideration of all information reasonably available regarding the
22       operation of shooting ranges. The generally accepted operation practices
23       shall be reviewed at least every seven years by the Kansas wildlife and
24       parks commission and reviewed as the department considers necessary.
25       The commission shall adopt generally accepted operation practices within
26       180 days of the effective date of this act.
27             (b) ``Local unit of government'' means a county, city, township or any
28       other political subdivision of the state, or any agency, authority, institution
29       or instrumentality thereof.
30             (c) ``Person'' means an individual, proprietorship, partnership, cor-
31       poration, club, governmental entity or other legal entity.
32             (d) ``Sport shooting range'' or ``range'' means an area designed and
33       operated for the use of archery, rifles, shotguns, pistols, semiautomatic
34       firearms, skeet, trap, black powder or any other similar sport shooting.
35             Sec.  2. (a) Notwithstanding any other provision of law, and in addi-
36       tion to other protections provided in this act, a person who owns, oper-
37       ates, manages or uses a sport shooting range that conforms to generally
38       accepted operation practices in this state is not subject to civil liability or
39       criminal prosecution in any matter relating to noise or noise pollution
40       resulting from the operation or use of the range if the range is in com-
41       pliance with any noise control laws or ordinances or resolutions that
42       applied to the range and its operation at the time of construction or initial
43       operation of the range.


  1             (b) In addition to any civil protection provided by this act, a person
  2       who owns, operates, manages or uses a sport shooting range that conforms
  3       to generally accepted operation practices is not subject to an action for
  4       nuisance, and a court of the state shall not enjoin or restrain the use or
  5       operation of a range on the basis of noise or noise pollution, if the range
  6       is in compliance with any noise control laws or ordinances or resolutions
  7       that applied to the range and its operation at the time of construction or
  8       initial operation of the range.
  9             (c) Rules and regulations adopted by any state department or agency
10       for limiting levels or noise in terms of decibel level which may occur in
11       the outdoor atmosphere do not apply to a sport shooting range immune
12       from liability under this act. However, this subsection does not constrict
13       the application of any provision of the generally accepted operation
14       practices.
15             Sec.  3. (a) A sport shooting range that is operated and is not in vio-
16       lation of state law at the time of the enactment of an ordinance or res-
17       olution shall be permitted to continue in operation even if the operation
18       of the sport shooting range at a later date does not conform to the new
19       ordinance or amendment to an existing ordinance new ordinance or
20       resolution or to an amendment to an existing ordinance or
21       resolution.
22             (b) A sport shooting range that is in existence as of the effective date
23       of this act and operates in compliance with generally accepted operation
24       practices, even if not in compliance with an ordinance or resolution of
25       a local unit of government, shall be permitted to do all of the following
26       within its preexisting geographic boundaries if in compliance with gen-
27       erally accepted operation practices:
28             (1) Repair, remodel or reinforce any improvement or facilities or
29       building or structure as may be necessary in the interest of public safety
30       or to secure the continued use of the building or improvement;
31             (2) reconstruct, repair, rebuild or resume the use of a facility or build-
32       ing damaged by fire, collapse, explosion, act of god or act of war occurring
33       after the effective date of this act. The reconstruction, repair or restora-
34       tion shall be completed within one year following the date of the damage
35       or settlement of any property damage claim. If reconstruction, repair or
36       restoration is not completed within one year as provided in this subsec-
37       tion, such reconstruction, repair or restoration may be terminated in the
38       discretion of the local unit of government; or
39             (3) do anything authorized under generally accepted operation prac-
40       tices, including, but not limited to:
41             (A) Expand or enhance its membership or opportunities for public
42       participation; and
43             (B) expand or increase facilities and activities.


  1             Sec.  4. Except as otherwise provided, the provisions of this act shall
  2       not prohibit a local unit of government from regulating the location, use,
  3       operation, safety and construction of a sport shooting range.
  4             Sec.  5. Each person who participates in sport shooting at a sport
  5       shooting range that conforms in generally accepted operation practices
  6       accepts the risks associated with the sport to the extent the risks are
  7       obvious and inherent. Nothing in this section shall otherwise prevent a
  8       determination of comparative negligence pursuant to K.S.A. 60-258a and
  9       amendments thereto. 
10        Sec.  6. 5. This act shall take effect and be in force from and after its
11       publication in the Kansas register.