SF 1421

2nd Engrossment - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to local government; protecting shooting 
  1.3             ranges from planning and zoning laws and ordinances; 
  1.4             limiting closings of ranges and providing for 
  1.5             relocating costs; proposing coding for new law as 
  1.6             Minnesota Statutes, chapter 87A. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  [87A.01] [DEFINITIONS.] 
  1.9      Subdivision 1.  [APPLICABILITY.] The definitions in this 
  1.10  section apply to sections 87A.01 to 87A.04. 
  1.11     Subd. 2.  [PERSON.] "Person" means an individual, 
  1.12  proprietorship, partnership, corporation, club, or other legal 
  1.13  entity. 
  1.14     Subd. 3.  [SHOOTING RANGE OR RANGE.] "Shooting range" or 
  1.15  "range" means an area or facility designed and operated for the 
  1.16  voluntary guidance of the use of firearms or archery. 
  1.17     Subd. 4.  [GENERALLY ACCEPTED OPERATION 
  1.18  PRACTICES.] "Generally accepted operation practices" means those 
  1.19  practices adopted by the commissioner of natural resources for 
  1.20  shooting ranges.  In developing the practices, the commissioner 
  1.21  shall consider all information reasonably available regarding 
  1.22  the safe operation of shooting ranges, including practices 
  1.23  established by a nationally recognized nonprofit membership 
  1.24  organization that provides voluntary firearm safety programs 
  1.25  that include training individuals in the safe handling and use 
  1.26  of firearms, which practices are developed with consideration of 
  2.1   all information reasonably available regarding the operation of 
  2.2   shooting ranges.  The generally accepted operation practices 
  2.3   shall be reviewed at least every five years by the commissioner 
  2.4   of natural resources and revised as the commissioner considers 
  2.5   necessary. 
  2.6      Subd. 5.  [UNIT OF GOVERNMENT.] "Unit of government" means 
  2.7   a home rule charter or statutory city, county, town, municipal 
  2.8   corporation, or other political subdivision, or any of their 
  2.9   instrumentalities. 
  2.10     Sec. 2.  [87A.03] [LOCAL ORDINANCE PROTECTION; EXISTING 
  2.11  OPERATIONS.] 
  2.12     (a) A shooting range that is in operation and not in 
  2.13  violation of existing law at the time of the enactment of an 
  2.14  ordinance must be permitted to continue in operation even if the 
  2.15  operation of the shooting range at a later date does not conform 
  2.16  to the new ordinance or an amendment to an existing ordinance. 
  2.17     (b) A shooting range that operates in compliance with 
  2.18  generally accepted operation practices, even if not in 
  2.19  compliance with an ordinance of a local unit of government, must 
  2.20  be permitted to do all of the following within the boundaries of 
  2.21  the unit of government if done in compliance with generally 
  2.22  accepted operation practices: 
  2.23     (1) repair, remodel, or reinforce any conforming or 
  2.24  nonconforming building or structure as may be necessary in the 
  2.25  interest of public safety or to secure the continued use of the 
  2.26  building or structure; 
  2.27     (2) reconstruct, repair, restore, remodel, or resume the 
  2.28  use of a nonconforming building damaged by fire, collapse, 
  2.29  explosion, act of God, or act of war occurring after the 
  2.30  effective date of this section; and 
  2.31     (3) do anything authorized under generally accepted 
  2.32  operation practices, including: 
  2.33     (i) expand or increase its membership or opportunities for 
  2.34  public participation; and 
  2.35     (ii) expand or increase events, facilities and activities. 
  2.36     Sec. 3.  [87A.04] [LIMITS ON CLOSING SHOOTING RANGES; 
  3.1   PAYMENT OF CERTAIN COSTS.] 
  3.2      (a) Except as provided in section 87A.03, a shooting range 
  3.3   may not be prevented from operating by any state agency or unit 
  3.4   of government unless because of new development of adjacent 
  3.5   land:  (1) the range becomes a clear and proven safety hazard to 
  3.6   the adjacent population; or (2) the range becomes unable to meet 
  3.7   the minimum range safety standards contained in generally 
  3.8   accepted operation practices adopted by the rules of the 
  3.9   commissioner. 
  3.10     (b)(1) If the requirements of paragraph (a), clause (1), 
  3.11  are met, a shooting range may be relocated by a state agency or 
  3.12  a unit of government if the following conditions are met: 
  3.13     (i) the clear and proven safety hazard is documented 
  3.14  through a hearing, testimony, and a clear and precise statement 
  3.15  of the hazard by the agency or unit of government; and 
  3.16     (ii) the agency or unit of government obtaining the closure 
  3.17  pays the fair market value of the range business as a going 
  3.18  concern to the operators and the fair market value of the land 
  3.19  including improvements, to the owner of the land; and 
  3.20     (2) upon final full payment, the range operator and 
  3.21  landowners shall relinquish their interest in the property to 
  3.22  the agency or unit of government obtaining the closure. 
  3.23     (c) If the requirements of paragraph (a), clause (2), are 
  3.24  met, the shooting range operations may be suspended if: 
  3.25     (1) the range operators are given reasonable notice and 
  3.26  opportunity to respond; and 
  3.27     (2) the range operators are given a reasonable opportunity 
  3.28  to correct safety defects and meet the minimum range safety 
  3.29  standards contained in generally accepted operation practices. 
  3.30     (d) If a shooting range is suspended from operation because 
  3.31  the requirements of paragraph (a), clause (2), are met and if 
  3.32  the shooting range operators are able to obtain a current 
  3.33  certificate of reasonable shooting range safety compliance from 
  3.34  an organization establishing range safety standards, any order 
  3.35  of a state agency, or unit of government to suspend the shooting 
  3.36  range operation must, upon application by the operators, be 
  4.1   vacated. 
  4.2      Sec. 4.  [EFFECTIVE DATE.] 
  4.3      Sections 1 to 3 are effective the day following final 
  4.4   enactment.