Bill Text: MI HB4580 | 2013-2014 | 97th Legislature | Introduced

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Bill Title: Local government; other; sport shooting ranges; amend definition to include ranges that conduct commercial activities and exempt from certain local ordinances. Amends secs. 1 & 2a of 1989 PA 269 (MCL 691.1541 & 691.1542a).

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2013-04-18 - Printed Bill Filed 04/18/2013 [HB4580 Detail]

Download: Michigan-2013-HB4580-Introduced.html

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HOUSE BILL No. 4580

 

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.