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LRBs0277/1
MLJ&EHS:ahe
2017 - 2018 LEGISLATURE
SENATE SUBSTITUTE AMENDMENT 1,
TO SENATE BILL 691
February 2, 2018 - Offered by Senator Tiffany.
SB691-SSA1,1,2 1An Act to create 23.43 and 895.08 of the statutes; relating to: closure of a sport
2shooting range based on an unsafe condition.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB691-SSA1,1 3Section 1. 23.43 of the statutes is created to read:
SB691-SSA1,1,5 423.43 Entities qualified to evaluate the safety of sport shooting ranges.
5(1)
In this section, “sport shooting range” has the meaning given in s. 895.527 (1).
SB691-SSA1,2,2 6(2) The department shall establish and post on its Internet site a list of
7professional engineers, architects, and certified range technicians who are qualified
8to evaluate a sport shooting range to identify any deficiencies in public safety
9measures employed, as compared with general safe range design and operation
10practices, and to recommend solutions to any deficiencies found. If the department
11receives a request that a person or organization be added to the list under this

1section, the department shall evaluate the qualifications of the person or
2organization to perform the relevant functions.
SB691-SSA1,2 3Section 2 . 895.08 of the statutes is created to read:
SB691-SSA1,2,5 4895.08 Sport shooting ranges; actions related to safety. (1) Definitions.
5In this section:
SB691-SSA1,2,86 (a) “Clear and immediate public safety hazard" means an unsafe condition that
7originates from, or is at, a sport shooting range and that could reasonably be expected
8to cause death or serious injury to an individual.
SB691-SSA1,2,119 (b) “Local unit of government" means the governing body of a county, city, town,
10village, or the elected tribal governing body of a federally recognized American
11Indian tribe or band in this state.
SB691-SSA1,2,1212 (c) “Sport shooting range" has the meaning given in s. 895.527 (1).
SB691-SSA1,2,18 13(2) Temporary closure. (a) Except as provided in par. (b), no law enforcement
14officer or court may require the owner or operator of a sport shooting range to cease
15or suspend any portion of its operation, the use of a particular firearm type at the
16sport shooting range, or the conduct of a particular activity at the sport shooting
17range because of an alleged or actual unsafe condition at, or originating from, the
18sport shooting range.
SB691-SSA1,2,2519 (b) 1. A court may, upon petition by a law enforcement officer, temporarily order
20the owner or operator of a sport shooting range to cease or suspend a portion of its
21operation, the use of a particular firearm type at the sport shooting range, or the
22conduct of a particular activity at the sport shooting range if it finds that there is
23probable cause to believe that the portion of the operation, the use of a particular
24firearm type at the sport shooting range, or the conduct of a particular activity at the
25sport shooting range constitutes a clear and immediate public safety hazard.
SB691-SSA1,3,8
12. A court may, upon petition by a local unit of government or an individual,
2temporarily order the owner or operator of a sport shooting range to cease or suspend
3a portion of its operation, the use of a particular firearm type at the sport shooting
4range, or the conduct of a particular activity at the sport shooting range if the court
5finds, upon a preponderance of the evidence presented, that the portion of the sport
6shooting range's operation, the use of a particular firearm type at the sport shooting
7range, or the conduct of a particular activity at the sport shooting range constitutes
8a clear and immediate public safety hazard.
SB691-SSA1,3,129 3. There is a rebuttable presumption that no portion of a sport shooting range's
10operation, use of a particular firearm type at the sport shooting range, or conduct of
11a particular activity at the sport shooting range constitutes a clear and immediate
12public safety hazard.
SB691-SSA1,3,23 13(3) Continuing operations. (a) An owner or operator of a sport shooting range
14who has been ordered by a court under sub. (2) to temporarily cease or suspend a
15portion of its operation, the use of a particular firearm type at the sport shooting
16range, or the conduct of a particular activity at the sport shooting range may arrange
17for an evaluation of the sport shooting range by an entity designated by the
18department of natural resources under s. 23.43 as qualified to evaluate the sport
19shooting range. The evaluation shall identify any deficiencies in public safety
20measures employed at the range as compared to general safe range design and
21operation practices and provide recommendations to rectify any deficiencies that
22exist. The entity's report on the findings of the evaluation shall be submitted to the
23court upon completion of the evaluation.
SB691-SSA1,4,224 (b) After receiving a report under par. (a) that states that no deficiencies in
25public safety measures employed at the range as compared to general safe range

1design and operation practices exist, the court shall rescind the order issued under
2sub. (2) and dismiss the proceedings.
SB691-SSA1,4,93 (c) After receiving a report under par. (a) that identifies any deficiency in public
4safety measures employed at the range as compared to general safe range design and
5operation practices that poses a clear and immediate public safety hazard, the court
6shall allow the range owner or operator to provide proof that such deficiencies have
7been remedied. If the range owner or operator provides proof that the deficiencies
8have been remedied, the court shall rescind the order issued under sub. (2) and
9dismiss the proceedings.
SB691-SSA1,4,1610 (d) After receiving a report under par. (a) that identifies any deficiency in public
11safety measures employed at the range as compared to general safe range design and
12operation practices that poses a clear and immediate public safety hazard and that
13cannot be remedied in the range's location, the court may order permanent cessation
14of a portion of the sport shooting range operation, use of a particular firearm type at
15the sport shooting range, or the conduct of a particular activity at the sport shooting
16range to which the deficiency applies.
SB691-SSA1,4,2417 (e) If a court dismisses a petition on the grounds that the petitioner failed to
18demonstrate that a portion of a sport shooting range's operation constitutes a clear
19and immediate public safety hazard, or if the court rescinds an order issued under
20sub. (2) on the grounds that a report filed under par. (a) finds no deficiencies in public
21safety measures employed at the range as compared to general safe range design and
22operation practices that constitute a clear and immediate public safety hazard, the
23court may order the petitioner to pay the defending party's costs of litigation,
24including reasonable attorneys fees and consultant fees.
SB691-SSA1,3 25Section 3 . Initial applicability.
SB691-SSA1,5,2
1(1) This act first applies retroactively to a petition filed or an order entered
2against a sport shooting range before the effective date of this subsection.
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