1.1                          A bill for an act 
  1.2             relating to local government; shooting ranges; 
  1.3             defining generally accepted operation practices; 
  1.4             providing for relation to ordinances, closing and 
  1.5             relocation, noise standards, public access, and 
  1.6             nuisance liability; proposing coding for new law as 
  1.7             Minnesota Statutes, chapter 87A. 
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  [87A.01] [DEFINITIONS.] 
  1.10     Subdivision 1.  [APPLICABILITY.] The definitions in this 
  1.11  section apply to sections 87A.01 to 87A.08. 
  1.12     Subd. 2.  [PERSON.] "Person" means an individual, 
  1.13  association, proprietorship, partnership, corporation, club, 
  1.14  political subdivision, or other legal entity. 
  1.15     Subd. 3.  [SHOOTING RANGE OR RANGE.] "Shooting range" or 
  1.16  "range" means an area or facility designated or operated for the 
  1.17  use of firearms as defined in section 97A.015, subdivision 19, 
  1.18  or archery, and includes shooting preserves as described in 
  1.19  section 97A.115 or any other Minnesota law. 
  1.20     Subd. 4.  [GENERALLY ACCEPTED OPERATION PRACTICES.] 
  1.21  "Generally accepted operation practices" means those voluntary 
  1.22  guidelines adopted by the commissioner of natural resources 
  1.23  under section 87A.02, paragraph (d), for the safe operation of 
  1.24  shooting ranges.  
  1.25     Subd. 5.  [UNIT OF GOVERNMENT.] "Unit of government" means 
  1.26  a home rule charter or statutory city, county, town, municipal 
  2.1   corporation, or other political subdivision, or any of their 
  2.2   instrumentalities. 
  2.3      Sec. 2.  [87A.02] [LOCAL ORDINANCES; EXISTING OPERATIONS.] 
  2.4      (a) A shooting range that is in operation and is in 
  2.5   material compliance with existing law at the time of the 
  2.6   enactment of an ordinance of a unit of government affecting, 
  2.7   directly or indirectly, operation or use of a shooting range 
  2.8   must be permitted to continue in operation even if the operation 
  2.9   of the shooting range at a later date does not conform to the 
  2.10  new ordinance or an amendment to an existing ordinance. 
  2.11     (b) A shooting range that operates in material compliance 
  2.12  with generally accepted operation practices, even if not in 
  2.13  compliance with an ordinance of a unit of government affecting, 
  2.14  directly or indirectly, operation or use of a shooting range, 
  2.15  must be permitted to do all of the following within its 
  2.16  geographic boundaries if done in accordance with generally 
  2.17  accepted operation practices: 
  2.18     (1) repair, remodel, improve, replace, construct, or 
  2.19  reinforce any conforming or nonconforming building or structure 
  2.20  as may be necessary or desirable in the interest of safety or to 
  2.21  secure the continued use of the range, building, or structure; 
  2.22     (2) reconstruct, repair, restore, remodel, improve, 
  2.23  replace, or resume the use of any conforming or nonconforming 
  2.24  building or structure damaged by fire, collapse, erosion, wear 
  2.25  and tear, obsolescence, explosion, act of God, or act of war; 
  2.26  and 
  2.27     (3) do anything not prohibited by generally accepted 
  2.28  operation practices, including: 
  2.29     (i) expand or increase its membership or opportunities for 
  2.30  public participation; 
  2.31     (ii) make those repairs or improvements necessary or 
  2.32  desirable under generally accepted operation practices; 
  2.33     (iii) expand or increase events, facilities, and 
  2.34  activities; and 
  2.35     (iv) conduct shooting activities and discharge firearms 
  2.36  during the daytime, as defined in Minnesota Rules, part 
  3.1   7030.0200, subpart 3, in effect on March 1, 1999. 
  3.2      (c) Nothing in sections 87A.01 to 87A.08 exempts any newly 
  3.3   constructed or remodeled building on a shooting range from 
  3.4   compliance with fire safety, handicapped accessibility, elevator 
  3.5   safety, bleacher safety, or other provisions of the State 
  3.6   Building Code that have mandatory statewide application. 
  3.7      (d) In developing generally accepted operation practices, 
  3.8   the commissioner of natural resources shall consult with range 
  3.9   operators and any consultants the range operators provide.  The 
  3.10  guidelines shall provide for operation of shooting preserves 
  3.11  within their boundaries notwithstanding any discharge distance 
  3.12  limitations provided by rule or otherwise concerning hunting on 
  3.13  other land.  The generally accepted operation practices shall be 
  3.14  reviewed at least every five years by the commissioner and 
  3.15  revised as the commissioner considers necessary for safe 
  3.16  operation of a shooting range.  The commissioner shall adopt 
  3.17  initial guidelines by July 1, 2003. 
  3.18     Sec. 3.  [87A.03] [CLOSING OR RELOCATING SHOOTING RANGES; 
  3.19  PAYMENT OF CERTAIN COSTS.] 
  3.20     Subdivision 1.  [CLOSURE OR RELOCATION CRITERIA.] A 
  3.21  shooting range may be closed under subdivision 3, or relocated 
  3.22  under subdivision 4, by a state agency or unit of government 
  3.23  only if, because of new, permitted development of adjacent land, 
  3.24  the range becomes a clear, immediate, and proven safety hazard 
  3.25  to the adjacent population and it cannot be brought into 
  3.26  material compliance with generally accepted operation practices 
  3.27  with range or operation improvements. 
  3.28     Subd. 2.  [PROCEDURE.] The clear and immediate safety 
  3.29  hazard must be proven at a contested case hearing.  The hearing 
  3.30  must be held after the commissioner of natural resources 
  3.31  provides notice to the owner and operator of the shooting range 
  3.32  that includes a clear and precise statement of the factual basis 
  3.33  for alleging a safety hazard.  The owner and operator of the 
  3.34  shooting range must be given an opportunity to be heard and meet 
  3.35  the allegation.  The commissioner must make written findings and 
  3.36  conclusions as to the hazard and whether range improvements can 
  4.1   bring the range into material compliance with the generally 
  4.2   accepted operation practices.  If the commissioner concludes 
  4.3   that there is a clear and immediate safety hazard and the 
  4.4   operation of the shooting range can be brought into material 
  4.5   compliance with the generally accepted operation practices with 
  4.6   range or operation improvements, the state agency or unit of 
  4.7   government that permitted the development must pay for the range 
  4.8   or operation improvements. 
  4.9      Subd. 3.  [CLOSURE.] If a clear and immediate safety hazard 
  4.10  is proven as required under subdivisions 1 and 2, a shooting 
  4.11  range may be closed by the state agency or the unit of 
  4.12  government if the agency or unit of government closing the 
  4.13  shooting range pays the fair market value of the range operation 
  4.14  as a going concern to the operators and the fair market value of 
  4.15  the land, including improvements, to the owner of the land. 
  4.16     Subd. 4.  [RELOCATION.] Upon request by the operator of the 
  4.17  shooting range, the agency or unit of government must relocate 
  4.18  the shooting range to a suitable new location if available.  The 
  4.19  agency or unit of government may use its power of eminent domain 
  4.20  to acquire the new location. 
  4.21     Subd. 5.  [TRANSFER OF TITLE.] The shooting range owner and 
  4.22  operator shall transfer their interests in the property to the 
  4.23  agency or unit of government after full and final payment under 
  4.24  subdivision 3 or after the relocation is completed under 
  4.25  subdivision 4. 
  4.26     Sec. 4.  [87A.04] [PREEXISTING OUTDOOR SHOOTING RANGES; 
  4.27  NOISE BUFFERING OR ATTENUATION.] 
  4.28     (a) If a shooting range is operated in material compliance 
  4.29  with generally accepted operation practices and if property 
  4.30  located within one mile of the exterior property boundary of the 
  4.31  range is rezoned for residential use or any other use, the 
  4.32  zoning authority must provide for noise buffers, attenuation 
  4.33  devices, safety improvements, or equivalent measures that are: 
  4.34     (1) within the new development as a condition for 
  4.35  developing the property or as supplied by the zoning authority; 
  4.36  or 
  5.1      (2) supplied or funded by the zoning authority for location 
  5.2   in the range. 
  5.3      (b) Property owners, developers, zoning authorities, and 
  5.4   ranges may negotiate and provide for noise buffers or 
  5.5   attenuation devices located on or off the range. 
  5.6      (c) Any noise buffering or attenuation under this section 
  5.7   must comply with the noise standards prescribed by section 
  5.8   87A.06.  
  5.9      Sec. 5.  [87A.05] [IRREBUTTABLE PRESUMPTION; NUISANCE 
  5.10  LIABILITY.] 
  5.11     In all relevant actions, there shall exist an irrebuttable 
  5.12  presumption that a shooting range that is conducted in material 
  5.13  compliance with generally accepted operation practices is not a 
  5.14  public or private nuisance and does not otherwise invade or 
  5.15  interfere with the use and enjoyment of any other land or 
  5.16  property. 
  5.17     Sec. 6.  [87A.06] [SHOOTING RANGES; NOISE STANDARDS.] 
  5.18     Subdivision 1.  [NOISE STANDARDS.] (a) A person who owns or 
  5.19  operates or uses a shooting range in this state is subject only 
  5.20  to the noise standards and procedures in Minnesota Rules, parts 
  5.21  7030.0010 to 7030.0080, in effect on March 1, 1999.  The noise 
  5.22  area classifications shall be utilized as well as the provisions 
  5.23  for daytime and nighttime standards within those classifications.
  5.24  The steady state noise L10 and L50 standards for each period of 
  5.25  the day or night within each noise area classification shall be 
  5.26  replaced by a single Leq(h) standard for impulsive noise that is 
  5.27  two dBA lower than that of the L10 level for steady state noise. 
  5.28     (b) This section and the standards in paragraph (a) shall 
  5.29  be applied in the same manner as a generally accepted operation 
  5.30  practice for all of the provisions of this chapter. 
  5.31     Subd. 2.  [ACTIONS BASED ON NOISE.] Any action brought 
  5.32  against a range on the basis of noise, nuisance, or disturbance 
  5.33  by impulsive noise from a shooting range shall be dismissed 
  5.34  unless such action is initially supported by affidavit of a 
  5.35  qualified or licensed noise consultant stating that noise 
  5.36  measurements were taken by proper instruments, which were 
  6.1   calibrated properly, and according to the procedures and 
  6.2   standards in Minnesota Rules, parts 7030.0010 to 7030.0080.  
  6.3   Upon the dismissal of any actions brought using noise as a 
  6.4   basis, in whole or in part, or upon a finding by the court that 
  6.5   any such action is unsupported, the court must award the 
  6.6   defendant range or person its reasonable attorney fees and 
  6.7   expert costs, in addition to its costs and disbursements.  
  6.8      Sec. 7.  [87A.07] [NUISANCE ACTIONS; SUBSTANTIAL COMPLIANCE 
  6.9   WITH GENERALLY ACCEPTED OPERATION PRACTICES.] 
  6.10     A person who owns, operates, or uses a shooting range in 
  6.11  this state that is in material compliance with generally 
  6.12  accepted operation practices is not subject to any action for 
  6.13  nuisance and no court of this state may enjoin or restrain the 
  6.14  use or operation of such a range.  This section does not 
  6.15  prohibit an action for personal injury caused by recklessness or 
  6.16  negligence in the operation of the range or by a person using 
  6.17  the range in a reckless or negligent manner. 
  6.18     Sec. 8.  [87A.08] [PUBLIC ACCESS TO SHOOTING RANGES.] 
  6.19     Shooting ranges maintained or operated, in whole or in 
  6.20  part, with public funds must be reasonably available for public 
  6.21  use.  A reasonable fee in an amount not to exceed the actual 
  6.22  additional direct costs caused by public use may be charged. 
  6.23     Sec. 9.  [EFFECTIVE DATE.] 
  6.24     Sections 1 to 8 are effective the day following final 
  6.25  enactment.