HF 866

1st Engrossment - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to game and fish; providing for operation of 
  1.3             certain shooting ranges notwithstanding local 
  1.4             ordinances; providing for closure and relocation of 
  1.5             certain shooting ranges; regulating nuisance liability 
  1.6             and noise standards for shooting ranges; modifying 
  1.7             provisions for the use of deer license revenue; 
  1.8             creating a combined firearm and archery license to 
  1.9             take antlered deer and authorizing taking one antlered 
  1.10            deer by each method; modifying license issuing fees 
  1.11            and subagent's commission; modifying tagging 
  1.12            requirements; providing for hunting by persons with 
  1.13            mental disabilities; modifying ammunition requirements 
  1.14            for taking big game; modifying requirements for 
  1.15            transporting archery bows; creating exemptions to the 
  1.16            blaze orange requirements; providing for lifetime 
  1.17            crossbow permits for persons with permanent physical 
  1.18            disabilities; amending Minnesota Statutes 1998, 
  1.19            sections 97A.075, subdivision 1; 97A.475, subdivision 
  1.20            2; 97A.485, subdivision 6, and by adding a 
  1.21            subdivision; 97A.535, subdivision 1; 97B.015, by 
  1.22            adding a subdivision; 97B.031, subdivision 1; 97B.051; 
  1.23            97B.071; 97B.106; and 97B.301, subdivisions 1, 2, and 
  1.24            by adding a subdivision; proposing coding for new law 
  1.25            in Minnesota Statutes, chapter 97B; proposing coding 
  1.26            for new law as Minnesota Statutes, chapter 87A. 
  1.27  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.28     Section 1.  [POLICY.] 
  1.29     It is the policy of this state to implement the 
  1.30  constitutional right to hunt and to provide for the health, 
  1.31  safety, and welfare of its citizens by promoting the safety and 
  1.32  enjoyment of shooting sports among its citizens and by 
  1.33  preserving the locations of shooting ranges for shotgun, 
  1.34  archery, rifle, and pistol shooting. 
  1.35     Sec. 2.  [87A.01] [DEFINITIONS.] 
  1.36     Subdivision 1.  [APPLICABILITY.] The definitions in this 
  2.1   section apply to sections 87A.01 to 87A.06. 
  2.2      Subd. 2.  [PERSON.] "Person" means an individual, 
  2.3   association, proprietorship, partnership, corporation, club, 
  2.4   political subdivision, or other legal entity. 
  2.5      Subd. 3.  [SHOOTING RANGE OR RANGE.] "Shooting range" or 
  2.6   "range" means an area or facility designated or operated for the 
  2.7   use of firearms as defined in section 97A.015, subdivision 19, 
  2.8   or archery, and includes shooting preserves as described in 
  2.9   section 97A.115 or any other Minnesota law. 
  2.10     Subd. 4.  [GENERALLY ACCEPTED OPERATION PRACTICES.] 
  2.11  "Generally accepted operation practices" means those voluntary 
  2.12  guidelines adopted by the commissioner of natural resources for 
  2.13  the safe operation of shooting ranges.  In developing the 
  2.14  guidelines, the commissioner shall incorporate, to the greatest 
  2.15  extent possible, practices regarding the safe operation of 
  2.16  shooting ranges established by a nationally recognized nonprofit 
  2.17  membership organization that provides voluntary firearm safety 
  2.18  programs that include training individuals in the safe handling 
  2.19  and use of firearms, which practices are developed with 
  2.20  consideration of all information reasonably available regarding 
  2.21  the safe operation of shooting ranges.  The generally accepted 
  2.22  operation practices shall be reviewed at least every five years 
  2.23  by the commissioner of natural resources and revised as the 
  2.24  commissioner considers necessary for safe operation of a 
  2.25  shooting range.  The commissioner shall adopt initial guidelines 
  2.26  by July 1, 1999. 
  2.27     Subd. 5.  [UNIT OF GOVERNMENT.] "Unit of government" means 
  2.28  a home rule charter or statutory city, county, town, municipal 
  2.29  corporation, or other political subdivision, or any of their 
  2.30  instrumentalities. 
  2.31     Sec. 3.  [87A.02] [LOCAL ORDINANCES; EXISTING OPERATIONS.] 
  2.32     (a) A shooting range that is in operation and is in 
  2.33  compliance with existing law at the time of the enactment of an 
  2.34  ordinance of a unit of government affecting, directly or 
  2.35  indirectly, operation or use of a shooting range must be 
  2.36  permitted to continue in operation even if the operation of the 
  3.1   shooting range at a later date does not conform to the new 
  3.2   ordinance or an amendment to an existing ordinance. 
  3.3      (b) A shooting range that operates in compliance with 
  3.4   generally accepted operation practices, even if not in 
  3.5   compliance with an ordinance of a unit of government affecting, 
  3.6   directly or indirectly, operation or use of a shooting range, 
  3.7   must be permitted to do all of the following within its 
  3.8   geographic boundaries if done under generally accepted operation 
  3.9   practices: 
  3.10     (1) repair, remodel, improve, replace, construct, or 
  3.11  reinforce any conforming or nonconforming building or structure 
  3.12  as may be necessary in the interest of safety or to secure the 
  3.13  continued use of the range, building, or structure; 
  3.14     (2) reconstruct, repair, restore, remodel, improve, 
  3.15  replace, or resume the use of any conforming or nonconforming 
  3.16  building or structure damaged by fire, collapse, erosion, 
  3.17  explosion, act of God, or act of war; and 
  3.18     (3) do anything under generally accepted operation 
  3.19  practices, including: 
  3.20     (i) expand or increase its membership or opportunities for 
  3.21  public participation; and 
  3.22     (ii) make those repairs or improvements necessary or 
  3.23  desirable under generally accepted operation practices. 
  3.24     (c) To the extent matters within this section are the 
  3.25  express subject of a voluntary negotiated agreement entered into 
  3.26  prior to March 1, 1999, between a unit of government and a range 
  3.27  operator of a range located in Washington county and located in 
  3.28  part within an existing or sited regional park, the negotiated 
  3.29  agreement may be enforced pursuant to its terms. 
  3.30     Sec. 4.  [87A.03] [CLOSING OR RELOCATING SHOOTING RANGES; 
  3.31  PAYMENT OF CERTAIN COSTS.] 
  3.32     Subdivision 1.  [WHEN CAN CLOSE OR RELOCATE.] A shooting 
  3.33  range may be closed under subdivision 3, or relocated under 
  3.34  subdivision 4, by a state agency or unit of government only if, 
  3.35  because of new, permitted development of adjacent land, the 
  3.36  range becomes a clear, immediate, and proven safety hazard to 
  4.1   the adjacent population and it cannot be brought into compliance 
  4.2   with generally accepted operation practices with range 
  4.3   improvements. 
  4.4      Subd. 2.  [PROCEDURE.] The clear and immediate safety 
  4.5   hazard must be proven at a contested case hearing.  The hearing 
  4.6   must be held after the commissioner provides notice to the owner 
  4.7   and operator of the shooting range that includes a clear and 
  4.8   precise statement of the factual basis for alleging a safety 
  4.9   hazard.  The owner and operator of the shooting range must be 
  4.10  given an opportunity to be heard and meet the allegation.  The 
  4.11  commissioner must make written findings and conclusions as to 
  4.12  the hazard and whether range improvements can bring the range 
  4.13  into compliance with the generally accepted operation 
  4.14  practices.  If the commissioner concludes that there is a clear 
  4.15  and immediate safety hazard and the operation of the shooting 
  4.16  range can be brought into compliance with the generally accepted 
  4.17  operating practices with range improvements, the state agency or 
  4.18  unit of government that permitted the development must pay for 
  4.19  the range improvements. 
  4.20     Subd. 3.  [CLOSURE.] If a clear and immediate safety hazard 
  4.21  is proven as required under subdivisions 1 and 2, a shooting 
  4.22  range may be closed by the state agency or the unit of 
  4.23  government if the agency or unit of government closing the 
  4.24  shooting range pays the fair market value of the range operation 
  4.25  as a going concern to the operators and the fair market value of 
  4.26  the land, including improvements, to the owner of the land. 
  4.27     Subd. 4.  [RELOCATION.] Upon request by the operator of the 
  4.28  shooting range, the agency or unit of government shall relocate 
  4.29  the shooting range to a suitable new location if available.  The 
  4.30  agency or unit of government may use its power of eminent domain 
  4.31  to acquire the new location. 
  4.32     Subd. 5.  [TRANSFER OF TITLE.] The shooting range owner and 
  4.33  operator shall transfer their interests in the property to the 
  4.34  agency or unit of government after full and final payment under 
  4.35  subdivision 3, or after the relocation is completed under 
  4.36  subdivision 4. 
  5.1      Sec. 5.  [87A.04] [IRREBUTTABLE PRESUMPTION; NUISANCE 
  5.2   LIABILITY.] 
  5.3      In all relevant actions, there shall exist an irrebuttable 
  5.4   presumption that a shooting range that is conducted in 
  5.5   compliance with generally accepted operation practices is not a 
  5.6   public or private nuisance and does not otherwise invade or 
  5.7   interfere with the use and enjoyment of any other land or 
  5.8   property. 
  5.9      Sec. 6.  [87A.05] [SHOOTING RANGES; NOISE STANDARDS.] 
  5.10     A person who owns or operates or uses a shooting range in 
  5.11  this state is subject only to the noise standards set forth in 
  5.12  Minnesota Rules, part 7030.0040, subpart 2, in effect on March 
  5.13  1, 1999. 
  5.14     Sec. 7.  [87A.06] [NUISANCE ACTIONS; SUBSTANTIAL COMPLIANCE 
  5.15  WITH GENERALLY ACCEPTED OPERATION PRACTICES.] 
  5.16     A person who owns, operates, or uses a shooting range in 
  5.17  this state which is in compliance with generally accepted 
  5.18  operation practices is not subject to any action for nuisance, 
  5.19  and no court of this state may enjoin or restrain the use or 
  5.20  operation of such a range.  This section does not prohibit an 
  5.21  action for personal injury resulting from recklessness or 
  5.22  negligence in the operation of the range or by a person using 
  5.23  the range in a reckless or negligent manner. 
  5.24     Sec. 8.  Minnesota Statutes 1998, section 97A.075, 
  5.25  subdivision 1, is amended to read: 
  5.26     Subdivision 1.  [DEER AND BEAR LICENSES.] (a) For purposes 
  5.27  of this subdivision, "deer license" means a license issued under 
  5.28  section 97A.475, subdivisions 2, clauses (4), (5), and (9), and 
  5.29  3, clauses (2), (3), and (7), and licenses issued under section 
  5.30  97B.301, subdivision 4.  A deer license issued under section 
  5.31  97A.475, subdivision 2, clause (6), means the dollar amount in 
  5.32  paragraphs (b) and (c) are doubled for deer management.  
  5.33     (b) At least $2 from each deer license shall be used for 
  5.34  deer habitat improvement or deer management programs.  
  5.35     (c) At least $1 from each deer license and each bear 
  5.36  license shall be used for deer and bear management programs, 
  6.1   including a computerized licensing system.  Fifty cents from 
  6.2   each deer license is appropriated for emergency deer feeding.  
  6.3   Money appropriated for emergency deer feeding is available until 
  6.4   expended.  When the unencumbered balance in the appropriation 
  6.5   for emergency deer feeding at the end of a fiscal year exceeds 
  6.6   $750,000, $750,000 is canceled to the unappropriated balance of 
  6.7   the game and fish fund and the amount appropriated for emergency 
  6.8   deer feeding is reduced to 25 cents from each deer license. 
  6.9      Sec. 9.  Minnesota Statutes 1998, section 97A.475, 
  6.10  subdivision 2, is amended to read: 
  6.11     Subd. 2.  [RESIDENT HUNTING.] Fees for the following 
  6.12  licenses, to be issued to residents only, are: 
  6.13     (1) for persons under age 65 to take small game, $10; 
  6.14     (2) for persons age 65 or over, $5; 
  6.15     (3) to take turkey, $16; 
  6.16     (4) to take deer with firearms, $22; 
  6.17     (5) to take deer by archery, $22; 
  6.18     (6) to take one antlered deer by firearms and one antlered 
  6.19  deer by archery, $44; 
  6.20     (7) to take moose, for a party of not more than six 
  6.21  persons, $275; 
  6.22     (7) (8) to take bear, $33; 
  6.23     (8) (9) to take elk, for a party of not more than two 
  6.24  persons, $220; 
  6.25     (9) (10) to take antlered deer in more than one zone, $44; 
  6.26  and 
  6.27     (10) (11) to take Canada geese during a special season, $3. 
  6.28     Sec. 10.  Minnesota Statutes 1998, section 97A.485, 
  6.29  subdivision 6, is amended to read: 
  6.30     Subd. 6.  [LICENSES TO BE SOLD AND ISSUING FEES.] (a) 
  6.31  Persons authorized to sell licenses under this section must sell 
  6.32  the following licenses for the license fee and the following 
  6.33  issuing fees:  
  6.34     (1) to take deer or bear with firearms and by archery, the 
  6.35  issuing fee is $1 $1.50; 
  6.36     (2) Minnesota sporting, the issuing fee is $1 $1.50; and 
  7.1      (3) to take small game, for a person under age 65 to take 
  7.2   fish by angling or for a person of any age to take fish by 
  7.3   spearing, and to trap fur-bearing animals, the issuing fee is 
  7.4   $1 $1.50; 
  7.5      (4) for a trout and salmon stamp that is not issued 
  7.6   simultaneously with an angling or sporting license, an issuing 
  7.7   fee of 50 cents may be charged at the discretion of the 
  7.8   authorized seller; and 
  7.9      (5) for stamps other than a trout and salmon stamp, and for 
  7.10  a special season Canada goose license, there is no fee. 
  7.11     (b) An issuing fee may not be collected for issuance of a 
  7.12  trout and salmon stamp if a stamp is issued simultaneously with 
  7.13  the related angling or sporting license.  Only one issuing fee 
  7.14  may be collected when selling more than one trout and salmon 
  7.15  stamp in the same transaction after the end of the season for 
  7.16  which the stamp was issued. 
  7.17     (c) The auditor or subagent shall keep the issuing fee as a 
  7.18  commission for selling the licenses.  
  7.19     (d) The commissioner shall collect the issuing fee on 
  7.20  licenses sold by the commissioner. 
  7.21     (e) A license, except stamps, must state the amount of the 
  7.22  issuing fee and that the issuing fee is kept by the seller as a 
  7.23  commission for selling the licenses. 
  7.24     (f) For duplicate licenses, the issuing fees are: 
  7.25     (1) for licenses to take big game, 75 cents; and 
  7.26     (2) for other licenses, 50 cents. 
  7.27     Sec. 11.  Minnesota Statutes 1998, section 97A.485, is 
  7.28  amended by adding a subdivision to read: 
  7.29     Subd. 7a.  [SUBAGENT'S COMMISSION.] A subagent appointed 
  7.30  under subdivision 3 may retain a commission of $1.50 for each 
  7.31  license fee collected by the subagent. 
  7.32     Sec. 12.  Minnesota Statutes 1998, section 97A.535, 
  7.33  subdivision 1, is amended to read: 
  7.34     Subdivision 1.  [TAGS REQUIRED.] A person may not possess 
  7.35  or transport deer, bear, elk, or moose taken in the state unless 
  7.36  a tag is attached to the carcass in a manner prescribed by the 
  8.1   commissioner.  The commissioner must prescribe the type of tag 
  8.2   that has the license number of the owner, the year of its issue, 
  8.3   and other information prescribed by the commissioner.  The tag 
  8.4   must be attached to the deer, bear, elk, or moose at the site of 
  8.5   the kill before the animal is removed from the site of the kill, 
  8.6   and must remain attached to the animal until the animal is 
  8.7   processed for storage when: 
  8.8      (1) the animal is in a camp, in a place occupied overnight, 
  8.9   or in the yard surrounding such a place; or 
  8.10     (2) the animal is on a motor vehicle. 
  8.11     Sec. 13.  Minnesota Statutes 1998, section 97B.015, is 
  8.12  amended by adding a subdivision to read: 
  8.13     Subd. 6.  [PROVISIONAL CERTIFICATE FOR PERSONS WITH MENTAL 
  8.14  DISABILITIES.] Upon the recommendation of a course instructor, 
  8.15  the commissioner may issue a provisional firearms safety 
  8.16  certificate to a person who satisfactorily completes the 
  8.17  classroom portion of the firearms safety course but is unable to 
  8.18  pass the written or an alternate format exam portion of the 
  8.19  course because of a mental disability.  The certificate is valid 
  8.20  only when used according to section 97B.1055. 
  8.21     Sec. 14.  Minnesota Statutes 1998, section 97B.031, 
  8.22  subdivision 1, is amended to read: 
  8.23     Subdivision 1.  [FIREARMS AND AMMUNITION THAT MAY BE USED 
  8.24  TO TAKE BIG GAME.] (a) A person may take big game with a firearm 
  8.25  only if:  
  8.26     (1) the rifle, shotgun, and handgun used is a caliber of at 
  8.27  least .23 inches; 
  8.28     (2) the firearm is loaded only with single projectile 
  8.29  ammunition; 
  8.30     (3) a projectile used is a caliber of at least .23 inches 
  8.31  and has a soft point or is an expanding bullet type; 
  8.32     (4) the ammunition has a case length of at least 1.285 
  8.33  inches; 
  8.34     (5) the muzzle-loader used is incapable of being loaded at 
  8.35  the breech; 
  8.36     (6) (5) the smooth-bore muzzle-loader used is a caliber of 
  9.1   at least .45 inches; and 
  9.2      (7) (6) the rifled muzzle-loader used is a caliber of at 
  9.3   least .40 inches. 
  9.4      (b) A person may not take big game with a .30 caliber M-1 
  9.5   carbine cartridge.  
  9.6      (c) Notwithstanding paragraph (a), clause (4), a person may 
  9.7   take big game with a ten millimeter cartridge that is at least 
  9.8   0.95 inches in length. 
  9.9      Sec. 15.  Minnesota Statutes 1998, section 97B.051, is 
  9.10  amended to read: 
  9.11     97B.051 [TRANSPORTATION OF ARCHERY BOWS.] 
  9.12     A person may not transport an archery bow in a motor 
  9.13  vehicle unless the bow is:  
  9.14     (1) unstrung; 
  9.15     (2) completely contained in a case; or 
  9.16     (3) in the closed trunk or rear-most enclosed portion of a 
  9.17  motor vehicle that is not accessible from the passenger 
  9.18  compartment. 
  9.19     Sec. 16.  Minnesota Statutes 1998, section 97B.071, is 
  9.20  amended to read: 
  9.21     97B.071 [BLAZE ORANGE REQUIREMENTS.] 
  9.22     (a) Except as provided in rules adopted under paragraph 
  9.23  (c), a person may not hunt or trap during the open season where 
  9.24  deer may be taken by firearms under applicable laws and 
  9.25  ordinances, unless the visible portion of the person's cap and 
  9.26  outer clothing above the waist, excluding sleeves and gloves, is 
  9.27  blaze orange.  Blaze orange includes a camouflage pattern of at 
  9.28  least 50 percent blaze orange within each foot square.  This 
  9.29  section does not apply to migratory waterfowl hunters on waters 
  9.30  of this state or in a stationary shooting location, or to 
  9.31  trappers except during the firearms deer hunting season. 
  9.32     (b) Except as provided in rules adopted under paragraph 
  9.33  (c), and in addition to the requirement in paragraph (a), a 
  9.34  person may not take small game other than turkey, migratory 
  9.35  birds, raccoons, and predators, except when hunting with 
  9.36  nontoxic shot, unless a visible portion of at least one article 
 10.1   of the person's clothing above the waist is blaze orange.  This 
 10.2   paragraph does not apply to a person hunting by falconry. 
 10.3      (c) The commissioner may, by rule, prescribe an alternative 
 10.4   color in cases where paragraph (a) or (b) would violate the 
 10.5   Religious Freedom Restoration Act of 1993, Public Law Number 
 10.6   103-141. 
 10.7      (d) A violation of paragraph (b) shall not result in a 
 10.8   penalty, but is punishable only by a safety warning. 
 10.9      Sec. 17.  [97B.1055] [HUNTING BY MENTALLY DISABLED.] 
 10.10     Subdivision 1.  [OBTAINING A LICENSE.] (a) Notwithstanding 
 10.11  section 97B.020, a person with a mental disability may obtain a 
 10.12  firearms hunting license with a provisional firearms safety 
 10.13  certificate issued under section 97B.015, subdivision 6. 
 10.14     (b) Any person accompanying or assisting a person with a 
 10.15  mental disability under this section must possess a valid 
 10.16  firearms safety certificate issued by the commissioner. 
 10.17     Subd. 2.  [ASSISTANCE REQUIRED.] A person who obtains a 
 10.18  firearms hunting license under subdivision 1 must be accompanied 
 10.19  and assisted by a parent, guardian, or other adult person 
 10.20  designated by a parent or guardian when hunting.  A person who 
 10.21  is not hunting but is solely accompanying and assisting a person 
 10.22  with a mental disability need not obtain a hunting license.  
 10.23     Subd. 3.  [PROHIBITED ACTIVITIES.] (a) This section does 
 10.24  not entitle a person to possess a firearm if the person is 
 10.25  otherwise prohibited from possessing a firearm under state or 
 10.26  federal law or a court order. 
 10.27     (b) No person shall knowingly authorize or permit a person, 
 10.28  who by reason of any mental disability is incapable of safely 
 10.29  possessing a firearm, to possess a firearm to hunt in the state 
 10.30  or on any boundary water of the state. 
 10.31     Sec. 18.  Minnesota Statutes 1998, section 97B.106, is 
 10.32  amended to read: 
 10.33     97B.106 [CROSSBOW PERMITS FOR HUNTING.] 
 10.34     (a) The commissioner may issue a special permit, without a 
 10.35  fee, to take big game or turkey with a crossbow to a person that 
 10.36  is unable to hunt by archery because of a permanent or temporary 
 11.1   physical disability. 
 11.2      (b) To qualify a person for a special permit under this 
 11.3   section, a temporary disability must render the person unable to 
 11.4   hunt by archery for a minimum of two years after application for 
 11.5   the permit is made.  The permanent or temporary disability, 
 11.6   established by medical evidence, and the inability to hunt by 
 11.7   archery for the required period of time must be verified in 
 11.8   writing by a licensed physician. 
 11.9      (c) A person with a permanent physical disability verified 
 11.10  in writing by a licensed physician may apply for a special 
 11.11  permit under this section that is valid for the life of the 
 11.12  permit holder.  
 11.13     The (d) A person holding a special permit under this 
 11.14  section must obtain the appropriate hunting license.  The 
 11.15  crossbow used must:  
 11.16     (1) be fired from the shoulder; 
 11.17     (2) deliver at least 42 foot-pounds of energy at a distance 
 11.18  of ten feet; 
 11.19     (3) have a stock at least 30 inches long; 
 11.20     (4) have a working safety; and 
 11.21     (5) be used with arrows or bolts at least ten inches long 
 11.22  with a broadhead. 
 11.23     Sec. 19.  Minnesota Statutes 1998, section 97B.301, 
 11.24  subdivision 1, is amended to read: 
 11.25     Subdivision 1.  [LICENSES REQUIRED.] A person may not take 
 11.26  deer without a license.  A person must have a firearms deer 
 11.27  license or a combined firearms and archery antlered deer license 
 11.28  to take deer with firearms and an archery deer license or a 
 11.29  combined firearms and archery antlered deer license to take deer 
 11.30  by archery except as provided in this section.  
 11.31     Sec. 20.  Minnesota Statutes 1998, section 97B.301, 
 11.32  subdivision 2, is amended to read: 
 11.33     Subd. 2.  [LIMIT OF ONE DEER.] Except as provided in 
 11.34  subdivisions 3 and, 4, and 7, a person may obtain one firearms 
 11.35  deer license and one archery deer license in the same license 
 11.36  year, but may take only one deer.  
 12.1      Sec. 21.  Minnesota Statutes 1998, section 97B.301, is 
 12.2   amended by adding a subdivision to read: 
 12.3      Subd. 7.  [EFFECT OF COMBINED LICENSE.] A license to take 
 12.4   antlered deer by firearms and by archery authorizes the taking 
 12.5   of one antlered deer by each method.  A licensee must comply 
 12.6   with all laws and rules of the commissioner governing the method 
 12.7   used to take each deer. 
 12.8      Sec. 22.  [EFFECTIVE DATE.] 
 12.9      Sections 1 to 7 are effective the day following final 
 12.10  enactment.