April 17, 2013, Introduced by Rep. Shirkey and referred to the Committee on Local Government.
A bill to amend 1989 PA 269, entitled
"An act to provide civil immunity to persons who operate or use
certain sport shooting ranges; and to regulate the application of
state and local laws, rules, regulations, and ordinances regarding
sport shooting ranges,"
by amending sections 1 and 2a (MCL 691.1541 and 691.1542a), section
1 as amended and section 2a as added by 1994 PA 250.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1. As used in this act:
(a)
"Generally accepted operation practices" means those
practices
adopted by the commission of natural resources commission
that are established by a nationally recognized nonprofit
membership organization that provides voluntary firearm safety
programs that include training individuals in the safe handling and
use
of firearms, which practices and
that are developed with
consideration of all information reasonably available regarding the
operation of shooting ranges. The generally accepted operation
practices shall be reviewed at least every 5 years by the natural
resources
commission of natural resources and
revised as the
commission
considers necessary. The commission shall adopt
generally
accepted operation practices within 90 days of the
effective
date of section 2a.
(b) "Local unit of government" means a county, city, township,
or village.
(c) "Person" means an individual, proprietorship, partnership,
corporation, club, governmental entity, or other legal entity.
(d) "Sport shooting range" or "range" means an area designed
and operated for the use of archery, rifles, shotguns, pistols,
silhouettes, skeet, trap, black powder, or any other similar sport
shooting. Sport shooting range includes a range that charges dues,
collects membership fees, conducts public or private training or
testing, sells concessions or range-related supplies, or conducts
similar activities, and a sport shooting range that conducts 1 or
more of these activities retains its status and statutory
protections as a sport shooting range or range under this act.
Sec. 2a. (1) A sport shooting range that is operated and is
not in violation of existing law at the time of the enactment of an
ordinance shall be permitted to continue in operation even if the
operation of the sport shooting range at a later date does not
conform to the new ordinance or an amendment to an existing
ordinance and regardless of whether commercial activities take
place at the range.
(2)
A sport shooting range that is in existence as of the
effective
date of this section on July
5, 1994 and operates in
compliance with generally accepted operation practices, even if not
in compliance with an ordinance of a local unit of government,
shall be permitted to do all of the following within its
preexisting geographic boundaries if in compliance with generally
accepted operation practices, regardless of whether commercial
activities take place at the range:
(a) Repair, remodel, or reinforce any conforming or
nonconforming
building or structure as may be necessary in the
interest of public safety or to secure the continued use of the
building or structure.
(b) Reconstruct, repair, restore, or resume the use of a
nonconforming building damaged by fire, collapse, explosion, act of
god,
or act of war occurring after the effective date of this
section.
July 5, 1994. The reconstruction, repair, or restoration
shall be completed within 1 year following the date of the damage
or settlement of any property damage claim. If reconstruction,
repair, or restoration is not completed within 1 year, continuation
of the nonconforming use may be terminated in the discretion of the
local unit of government.
(c) Do anything authorized under generally accepted operation
practices, including, but not limited to:
(i) Expand or increase its membership or opportunities for
public participation.
(ii) Expand or increase events and activities.