Amendment ASA2-AB308

LRBs0442/1

RPN&MES:kmg&jlg:ijs

1997 - 1998 LEGISLATURE

ASSEMBLY SUBSTITUTE AMENDMENT 2, TO 1997 ASSEMBLY BILL 308

January 28, 1998 - Offered by Committee on Natural Resources.

AB308-ASA2,1,2 An Act to amend 895.52 (1) (g) and 895.525 (2); and to create 895.527 of the statutes; relating to: sport shooting range immunity and responsibilities.

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

AB308-ASA2, s. 1 Section 1. 895.52 (1) (g) of the statutes is amended to read:

AB308-ASA2,2,3 895.52 (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.

AB308-ASA2, s. 2 Section 2. 895.525 (2) of the statutes is amended to read:

AB308-ASA2,2,15 895.525 (2) Definition. In this section, "recreational activity" means any 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, bowling, billiards, picnicking, exploring caves, nature study, dancing, bicycling, horseback riding, horseshoe-pitching, bird-watching, motorcycling, operating an all-terrain vehicle, ballooning, curling, throwing darts, hang gliding, hiking, tobogganing, sledding, sleigh riding, snowmobiling, skiing, skating, participation in water sports, weight and fitness training, sight-seeing, rock-climbing, cutting or removing wood, climbing observation towers, animal training, harvesting the products of nature, shooting and any other sport, game or educational activity.

AB308-ASA2, s. 3 Section 3. 895.527 of the statutes is created to read:

AB308-ASA2,2,18 895.527 Sport shooting range activities. (1) In this section, "sport shooting range" means an area designed and operated for the use and discharge of firearms.

AB308-ASA2,2,21 (2) A person who owns or operates a sport shooting range is immune from civil liability related to noise resulting from the operation of the sport shooting range if one of the following applies:

AB308-ASA2,3,2 (a) If no statute, rule or ordinance related to noise control applied at the time of construction or initial operation of the sport shooting range, the owner or operator of the sport shooting range complies in good faith with any statute, rule or ordinance related to noise control adopted after the effective date of this paragraph .... [revisor inserts date], that applies to the sport shooting range at the time of expansion of shooting activities or facilities of the sport shooting range.

AB308-ASA2,3,9 (b) If any statute, rule or ordinance related to noise control applied at the time of construction or initial operation of the sport shooting range, the owner or operator of the sport shooting range complies in good faith with that statute, rule or ordinance and with any statute, rule or ordinance related to noise control adopted after the effective date of this paragraph .... [revisor inserts date], that applies to the sport shooting range at the time of expansion of shooting activities or facilities of the sport shooting range.

AB308-ASA2,3,12 (3) A person who owns or operates a sport shooting range is not subject to an action for nuisance related to noise and no court may enjoin or restrain the operation or use of a sport shooting range on the basis of noise if one of the following applies:

AB308-ASA2,3,18 (a) If no statute, rule or ordinance related to noise control applied at the time of construction or initial operation of the sport shooting range, the owner or operator of the sport shooting range complies in good faith with any statute, rule or ordinance related to noise control adopted after the effective date of this paragraph .... [revisor inserts date], that applies to the sport shooting range at the time of expansion of shooting activities or facilities of the sport shooting range.

AB308-ASA2,3,25 (b) If any statute, rule or ordinance related to noise control applied at the time of construction or initial operation of the sport shooting range, the owner or operator of the sport shooting range complies in good faith with that statute, rule or ordinance and with any statute, rule or ordinance related to noise control adopted after the effective date of this paragraph .... [revisor inserts date], that applies to the sport shooting range at the time of expansion of shooting activities or facilities of the sport shooting range.

AB308-ASA2,4,6 (4) Any sport shooting range that exists on the effective date of this subsection .... [revisor inserts date], may continue to operate as a sport shooting range at that location notwithstanding any zoning ordinance enacted under s. 59.69, 60.61, 60.62, 61.35 or 62.23 (7), if the sport shooting range is a lawful use or a legal nonconforming use under any zoning ordinance enacted under s. 59.69, 60.61, 60.62, 61.35 or 62.23 (7) that is in effect on the effective date of this subsection .... [revisor inserts date].

AB308-ASA2,4,9 (5) Any sport shooting range that exists on the effective date of this subsection .... [revisor inserts date], may continue to operate as a sport shooting range at that location notwithstanding all of the following:

AB308-ASA2,4,12 (a) Section 167.30, 941.20 (1) (d) or 948.605 or any rule promulgated under those sections regulating or prohibiting the discharge of firearms and in effect on or after the effective date of this paragraph .... [revisor inserts date].

AB308-ASA2,4,15 (b) Section 66.092 (3) (b) or any ordinance or resolution enacted or adopted regulating or prohibiting the discharge of firearms and in effect on or after the effective date of this paragraph .... [revisor inserts date].

AB308-ASA2,4,16 (End)