Amendment ASA1-AB527

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1995 - 1996 LEGISLATURE

ASSEMBLY SUBSTITUTE AMENDMENT 1, To 1995 ASSEMBLY BILL 527

February 5, 1996 - Offered by Representative Johnsrud.

AB527-ASA1,1,2 An Act to amend 895.52 (1) (g); and to create 895.527 of the statutes; relating to: sport shooting range responsibilities and granting rule-making authority.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB527-ASA1, s. 1 Section 1. 895.52 (1) (g) of the statutes is amended to read:

AB527-ASA1,1,14 895.52 (1) (g) "Recreational activity" means any outdoor activity undertaken for the purpose of exercise, relaxation or pleasure, including practice or instruction in any such activity. "Recreational activity" includes, but is not limited to, hunting, fishing, trapping, camping, picnicking, exploring caves, nature study, bicycling, horseback riding, bird-watching, motorcycling, operating an all-terrain vehicle, ballooning, hang gliding, hiking, tobogganing, sledding, sleigh riding, snowmobiling, skiing, skating, water sports, sight-seeing, rock-climbing, cutting or removing wood, climbing observation towers, animal training, harvesting the products of nature, shooting and any other outdoor sport, game or educational activity, but. "Recreational activity" does not include any organized team sport activity sponsored by the owner of the property on which the activity takes place.

AB527-ASA1, s. 2 Section 2. 895.527 of the statutes is created to read:

AB527-ASA1,2,2 895.527 Sport shooting range activities. (1) In this section:

AB527-ASA1,2,5 (a) "Compliance with the rules" means compliance with every rule promulgated by the department of natural resources under sub. (2), and with every modification of those rules within one year after the effective date of the rule modification.

AB527-ASA1,2,7 (b) "Sport shooting range" means an area designed and operated for the use of firearms.

AB527-ASA1,2,17 (2) The department of natural resources shall promulgate rules establishing generally accepted practices for the design and operation of sport shooting ranges within one year after the effective date of this subsection .... [revisor inserts date]. The department of natural resources shall consider practices for the design and operation of sport shooting ranges developed by nationally recognized, nonprofit, membership organizations that provide firearm safety programs when developing proposed rules under this subsection. The department shall review and modify the rules promulgated under this subsection as necessary to incorporate changes in the practices recommended by nationally recognized, nonprofit, membership organizations that provide firearm safety programs.

AB527-ASA1,2,23 (3) A person who owns or operates a sport shooting range in compliance with the rules is immune from civil liability related to noise pollution resulting from the operation of the sport shooting range if the owner or operator of the sport shooting range complies in good faith with any ordinance related to noise control that applied to the sport shooting range at the time of construction or initial operation of the sport shooting range.

AB527-ASA1,3,5 (4) A person who owns or operates a sport shooting range in compliance with the rules is not subject to an action for nuisance related to noise. No court may enjoin or restrain the operation or use of a sport shooting range on the basis of noise pollution if the owner or operator of a sport shooting range is in compliance with the rules and complies in good faith with any ordinance related to noise control that applied to the sport shooting range at the time of construction or initial operation of the sport shooting range.

AB527-ASA1,3,11 (5) Any person who participates in activities at a sport shooting range whose owner or operator is in compliance with the rules accepts the risks associated with sport shooting ranges to the extent that those risks are obvious and inherent. Those risks include injuries that may result from noise, discharge of a projectile, malfunction of equipment or of a firearm not owned by the sport shooting range, natural variations in terrain, snow or ice conditions or other natural conditions.

AB527-ASA1,3,12 (End)