LRB-3368/1
RNK&PJH:kjf:ph
2009 - 2010 LEGISLATURE
December 15, 2009 - Introduced by Senators Kreitlow, Taylor, Plale, Lehman,
Schultz, Harsdorf, Kedzie and Hansen, cosponsored by Representatives
Hubler, Suder, Zigmunt and Ripp. Referred to Committee on Judiciary,
Corrections, Insurance, Campaign Finance Reform, and Housing.
SB424,1,4
1An Act to renumber 895.527 (3), 895.527 (5), 895.527 (6) and 895.527 (7);
to
2renumber and amend 895.527 (4);
to amend 895.527 (title); and
to create
3167.29 (title), 167.29 (1), 167.29 (3) (b) and 167.29 (7) of the statutes;
relating
4to: regulating certain sport shooting ranges.
Analysis by the Legislative Reference Bureau
Under current law, a person who owns or operates an area designed and
operated for the use and discharge of firearms (sport shooting range) is immune from
civil liability relating to noise and is not subject to an action for nuisance or to zoning
conditions related to noise. Current law also provides that if a sport shooting range
lawfully existed on June 18, 1998 (existing range), it may continue to operate as a
sport shooting range at that location even if certain zoning ordinances or laws
regulating the discharge of firearms would otherwise prohibit the operation of the
sport shooting range.
This bill provides that the owner or operator of an existing range may repair,
remodel, or reinforce any building on the range for the purpose of public safety or to
ensure continued use of the building. The bill also specifies that the owner or
operator may reconstruct, repair, or rebuild a building on the range that is damaged
by certain natural causes if the damage occurs after the bill's effective date. The bill
also allows the owner to expand the membership or facilities of the range, and allow
sport shooting activities that are consistent with generally accepted operation
practices for those activities.
This bill also prohibits a state agency, political subdivision, or court from
requiring the closure of an existing range unless the state agency, political
subdivision, or court finds that the range presents a public safety hazard to the
surrounding community and the owner is given at least three opportunities to
eliminate the hazard. The state agency, political subdivision, or court must also
allow the owner of the range to relocate the range to any property where the
operation of a sport shooting range is an allowable use of the property. If the the
owner relocates the range as required by a state agency or political subdivision, the
state agency or political subdivision must acquire the property by condemnation
unless the state agency does not have condemnation authority. In that case, the state
agency must purchase the range in the amount stated on an appraisal furnished by
the owner of the range.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB424, s. 1
1Section
1. 167.29 (title) of the statutes is created to read:
SB424,2,2
2167.29 (title)
Regulation of sport shooting ranges.
SB424, s. 2
3Section
2. 167.29 (1) of the statutes is created to read:
SB424,2,44
167.29
(1) In this section:
SB424,2,55
(a) "Political subdivision" means a city, village, town, or county.
SB424,2,66
(b) "Sport shooting range" has the meaning given in s. 895.527 (1).
SB424,2,97
(c) "State agency" means any office, department, independent agency, or
8attached board or commission within the executive branch of state government, or
9any special purpose authority created by statute.
SB424, s. 3
10Section
3. 167.29 (3) (b) of the statutes is created to read:
SB424,2,1211
167.29
(3) (b) The owner or operator of a sport shooting range described under
12par. (a) may do all of the following:
SB424,3,3
11. Repair, remodel, or reinforce any building, structure, or other improvement
2on the sport shooting range for the purpose of public safety or to ensure continued
3use of the building, structure, or other improvement.
SB424,3,74
2. Reconstruct, repair, or rebuild a building, structure, or other improvement
5on the sport shooting range that is damaged by fire, collapse, explosion, act of God,
6or act of war occurring on or after the effective date of this subdivision .... [LRB
7inserts date].
SB424,3,88
3. Expand or enhance the membership of the sport shooting range.
SB424,3,99
4. Expand or enhance public participation at the sport shooting range.
SB424,3,1110
5. Reasonably expand the facilities of, or activities conducted at, the sport
11shooting range.
SB424,3,1312
6. Allow sport shooting activities at the sport shooting range that are consistent
13with generally accepted operation practices for those activities.
SB424, s. 4
14Section
4. 167.29 (7) of the statutes is created to read:
SB424,3,1915
167.29
(7) (a) No state agency, political subdivision, or court may require the
16the closure of a sport shooting range that exists on June 18, 1998, and that is a lawful
17use or a legal nonconforming use under any zoning ordinance enacted under s. 59.69,
1860.61, 60.62, 61.35, or 62.23 (7) that is in effect on June 18, 1998, unless all of the
19following apply:
SB424,3,2220
1. The state agency, political subdivision, or court finds, after an evidentiary
21hearing, that the sport shooting range presents a public safety hazard to the
22surrounding community.
SB424,3,2523
2. The state agency, political subdivision, or court has given the owner of the
24sport shooting range at least 3 opportunities to eliminate the public safety hazard.
25No deadline may be imposed upon the owner to eliminate the public safety hazard.
SB424,4,4
1(b) 1. If a state agency, political subdivision, or court requires the closure of a
2sport shooting range under par. (a), it shall allow the owner of the sport shooting
3range to relocate the sport shooting range to any property where the operation of a
4sport shooting range is an allowable use of the property.
SB424,4,135
2. If the owner of a sport shooting range relocates his or her sport shooting
6range as required by a state agency or a political subdivision, the state agency or
7political subdivision shall acquire the property by condemnation in the manner
8prescribed under ch. 32. If closure of the sport shooting range is required by a state
9agency that does not have condemnation authority under s. 32.02, the state agency
10shall purchase the sport shooting range from the owner for an amount equal to the
11sum of the value of the land and the improvements on the land as stated on an
12appraisal furnished by the owner. The state agency or the political subdivision shall
13pay the costs of the appraisal.
SB424, s. 5
14Section
5. 895.527 (title) of the statutes is amended to read:
SB424,4,16
15895.527 (title)
Sport shooting range activities; limitations on Civil
16liability and restrictions on operation exemption; sport shooting ranges.
SB424, s. 6
17Section
6. 895.527 (3) of the statutes is renumbered 167.29 (2).
SB424, s. 7
18Section
7. 895.527 (4) of the statutes is renumbered 895.527 (3) (a) and
19amended to read:
SB424,4,2520
895.527
(3) (a) Any sport shooting range that exists on June 18, 1998,
or that
21is relocated as authorized under s. 167.29 (7) (b), may continue to operate as a sport
22shooting range at that location notwithstanding any zoning ordinance enacted under
23s. 59.69, 60.61, 60.62, 61.35 or 62.23 (7), if the sport shooting range is a lawful use
24or a legal nonconforming use under any zoning ordinance enacted under s. 59.69,
2560.61, 60.62, 61.35 or 62.23 (7) that is in effect on June 18, 1998.
SB424, s. 8
1Section
8. 895.527 (5) of the statutes is renumbered 167.29 (4).
SB424, s. 9
2Section
9. 895.527 (6) of the statutes is renumbered 167.29 (5).
SB424, s. 10
3Section
10. 895.527 (7) of the statutes is renumbered 167.29 (6).
