SF 592

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

  1.1                          A bill for an act 
  1.2             relating to local government; preserving shooting 
  1.3             ranges from planning and zoning laws and ordinances; 
  1.4             limiting net loss of shooting ranges and providing for 
  1.5             relocation costs; providing for the enforcement of a 
  1.6             certain prior negotiated agreement; proposing coding 
  1.7             for new law as Minnesota Statutes, chapter 87A. 
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  [POLICY.] 
  1.10     It is the policy of this state to implement the 
  1.11  constitutional right to hunt and to provide for the health, 
  1.12  safety, and welfare of its citizens by promoting the safety and 
  1.13  enjoyment of shooting sports among its citizens and by 
  1.14  preserving the locations of shooting ranges for shotgun, 
  1.15  archery, rifle, and pistol shooting. 
  1.16     Sec. 2.  [87A.01] [DEFINITIONS.] 
  1.17     Subdivision 1.  [APPLICABILITY.] The definitions in this 
  1.18  section apply to sections 87A.01 to 87A.03. 
  1.19     Subd. 2.  [PERSON.] "Person" means an individual, 
  1.20  proprietorship, partnership, corporation, club, or other legal 
  1.21  entity. 
  1.22     Subd. 3.  [SHOOTING RANGE OR RANGE.] "Shooting range" or 
  1.23  "range" means an area or facility designated or operated for the 
  1.24  use of firearms as defined in section 97A.015, subdivision 19, 
  1.25  or archery, and includes shooting preserves as described in 
  1.26  section 97A.115. 
  2.1      Subd. 4.  [GENERALLY ACCEPTED OPERATION 
  2.2   PRACTICES.] "Generally accepted operation practices" means those 
  2.3   guidelines adopted by the commissioner of natural resources for 
  2.4   shooting ranges.  The commissioner shall adopt initial 
  2.5   guidelines by July 1, 1999. 
  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. 3.  [87A.02] [LOCAL ORDINANCES; EXISTING OPERATIONS.] 
  2.11     (a) A shooting range that is in operation and not in 
  2.12  material violation of existing law at the time of the enactment 
  2.13  of an ordinance of a unit of government affecting directly or 
  2.14  indirectly operation or use of a shooting range must be 
  2.15  permitted to continue in operation even if the operation of the 
  2.16  shooting range at a later date does not conform to the new 
  2.17  ordinance or an amendment to an existing ordinance. 
  2.18     (b) A shooting range that operates in material compliance 
  2.19  with generally accepted operation practices, even if not in 
  2.20  compliance with an ordinance of a unit of government affecting 
  2.21  directly or indirectly operation or use of a shooting range, 
  2.22  must be permitted to do all of the following within its 
  2.23  preexisting geographic boundaries if done in compliance with 
  2.24  generally accepted operation practices: 
  2.25     (1) repair, remodel, improve, replace, or reinforce any 
  2.26  conforming or nonconforming building or structure as may be 
  2.27  necessary in the interest of safety or to secure the continued 
  2.28  use of the range, building, or structure; 
  2.29     (2) reconstruct, repair, restore, remodel, improve, 
  2.30  replace, or resume the use of any conforming or nonconforming 
  2.31  building or structure damaged by fire, collapse, explosion, act 
  2.32  of God, or act of war; and 
  2.33     (3) do anything authorized under generally accepted 
  2.34  operation practices, including: 
  2.35     (i) expand or increase its membership or opportunities for 
  2.36  public participation; and 
  3.1      (ii) make those repairs or improvements necessary or 
  3.2   desirable to comply with generally accepted operation practices. 
  3.3      (c) The substantial expansion or increase of the facilities 
  3.4   or activities of a shooting range is subject to the review and 
  3.5   approval of the local planning and zoning authority. 
  3.6      Sec. 4.  [87A.03] [CLOSING SHOOTING RANGES; PAYMENT OF 
  3.7   CERTAIN COSTS.] 
  3.8      (a) Except as provided in this section, a shooting range 
  3.9   may not be prevented from operating by any state agency or unit 
  3.10  of government unless because of new development of adjacent 
  3.11  land:  (1) the range becomes a clear and proven safety hazard to 
  3.12  the adjacent population; or (2) the range becomes unable to meet 
  3.13  the minimum range safety standards contained in generally 
  3.14  accepted operation practices adopted by the commissioner. 
  3.15     (b)(1) If the requirements of paragraph (a), clause (1), 
  3.16  are met, a shooting range may be relocated by a state agency or 
  3.17  a unit of government if the following conditions are met: 
  3.18     (i) the clear and proven safety hazard is documented 
  3.19  through a hearing, testimony, and a clear and precise statement 
  3.20  of the hazard by the agency or unit of government; and 
  3.21     (ii) the agency or unit of government obtaining the closure 
  3.22  pays the fair market value of the range business as a going 
  3.23  concern to the operators and the fair market value of the land 
  3.24  including improvements, to the owner of the land; and 
  3.25     (2) upon final full payment, the range operator and 
  3.26  landowners shall relinquish their interest in the property to 
  3.27  the agency or unit of government obtaining the closure. 
  3.28     (c) If the requirements of paragraph (a), clause (2), are 
  3.29  met, the shooting range operations may be suspended if: 
  3.30     (1) the range operators are given reasonable notice and 
  3.31  opportunity to respond; and 
  3.32     (2) the range operators are given a reasonable opportunity 
  3.33  to correct safety defects and meet the minimum range safety 
  3.34  standards contained in generally accepted operation practices. 
  3.35     Sec. 5.  [PRIOR AGREEMENT GRANDFATHERED.] 
  3.36     To the extent matters within section 4 are the express 
  4.1   subject of a voluntary negotiated agreement entered into prior 
  4.2   to March 1, 1999, between a unit of government and a range 
  4.3   operator of a range located in the metropolitan area as defined 
  4.4   in Minnesota Statutes, section 473.121, subdivision 2, and 
  4.5   located in part within a regional park, the negotiated agreement 
  4.6   may be enforced pursuant to its terms.  
  4.7      Sec. 6.  [EFFECTIVE DATE.] 
  4.8      Sections 1 to 5 are effective the day following final 
  4.9   enactment.