HOUSE BILL NO. 604

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Bill Status



H0604.....................................................by WAYS AND MEANS
SHOOTING RANGES - Amends and adds to existing law to provide for certain
limitations regarding regulation of shooting ranges; to revise local
regulation of sport shooting ranges; to further define terms; and to
provide for preemption of local authority for noise standards and zoning
regarding sport shooting ranges.

03/06    House intro - 1st rdg - to printing
03/07    Rpt prt - to Res/Con
03/12    Rpt out - rec d/p - to 2nd rdg
03/13    2nd rdg - to 3rd rdg
03/14    3rd rdg - PASSED - 67-1-2
      AYES -- Anderson, Andrus, Barrett, Bayer, Bedke, Bell, Bilbao, Black,
      Block, Bock, Boe, Bolz, Bowers, Brackett, Bradford, Chadderdon,
      Chavez, Chew, Clark, Collins, Durst, Eskridge, Hagedorn, Hart,
      Harwood, Henderson, Jaquet, Killen, King, Kren, Labrador, LeFavour,
      Loertscher, Luker, Marriott, Mathews, McGeachin, Mortimer, Moyle,
      Nielsen, Nonini, Pasley-Stuart, Patrick, Pence, Raybould, Ringo,
      Roberts, Ruchti, Rusche, Sayler, Schaefer, Shepherd(02),
      Shepherd(08), Shirley, Shively, Smith(30), Smith(24), Snodgrass,
      Stevenson, Thayn, Thomas, Trail, Vander Woude, Wills, Wood(27),
      Wood(35), Mr. Speaker
      NAYS -- Lake
      Absent and excused -- Crane, Henbest
    Floor Sponsor - Hagedorn
    Title apvd - to Senate
03/17    Senate intro - 1st rdg - to St Aff
03/19    Rpt out - rec d/p - to 2nd rdg
03/20    2nd rdg - to 3rd rdg
    Rls susp - PASSED - 34-0-1
      AYES -- Andreason, Bair, Bastian, Bilyeu, Broadsword, Burkett,
      Cameron, Coiner, Corder, Darrington, Davis, Fulcher, Geddes, Goedde,
      Hammond, Heinrich, Hill, Jorgenson, Kelly, Keough, Langhorst, Little,
      Lodge, Malepeai(Sagness), McGee, McKague, McKenzie, Pearce,
      Richardson, Schroeder, Siddoway, Stegner, Stennett, Werk
      NAYS -- None
      Absent and excused -- Gannon
    Floor Sponsor - Jorgenson
    Title apvd - to House
03/21    To enrol - Rpt enrol - Sp signed
03/24    Pres signed
03/25    To Governor
03/31    Governor signed
         Session Law Chapter 318
         Effective: 07/01/08

Bill Text




                                                                       
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-ninth Legislature                   Second Regular Session - 2008

                                                                       

                              IN THE HOUSE OF REPRESENTATIVES

                                     HOUSE BILL NO. 604

                                BY WAYS AND MEANS COMMITTEE

  1                                        AN ACT
  2    RELATING TO SHOOTING RANGES; AMENDING SECTION 55-2601, IDAHO CODE, TO  PROVIDE
  3        FOR  CERTAIN  LIMITATIONS; AMENDING SECTION 55-2603, IDAHO CODE, TO REVISE
  4        LOCAL REGULATION OF SPORT SHOOTING RANGES; AMENDING SECTION 55-2604, IDAHO
  5        CODE, TO DEFINE ADDITIONAL TERMS; AMENDING CHAPTER  26,  TITLE  55,  IDAHO
  6        CODE, BY THE ADDITION OF A NEW SECTION 55-2605, IDAHO CODE, TO PROVIDE FOR
  7        PREEMPTION  OF LOCAL AUTHORITY FOR NOISE STANDARDS AND ZONING; AND  AMEND-
  8        ING CHAPTER 26, TITLE 55, IDAHO CODE, BY THE ADDITION  OF  A  NEW  SECTION
  9        55-2606, IDAHO CODE, TO PROVIDE SEVERABILITY.

 10    Be It Enacted by the Legislature of the State of Idaho:

 11        SECTION  1.  That  Section 55-2601, Idaho Code, be, and the same is hereby
 12    amended to read as follows:

 13        55-2601.  SPORT SHOOTING RANGE -- LIABILITY FOR NOISE POLLUTION. (1)  Not-
 14    withstanding any other provision of law to the contrary, a person who operates
 15    or  uses  a  sport  shooting range in this state shall not be subject to civil
 16    liability or criminal prosecution in any matter relating  to  noise  or  noise
 17    pollution  resulting  from  the operation or use of the range if the range was
 18    established, constructed or operated prior to the implementation of any  noise
 19    control  laws, ordinances, rules or regulations, or if the range is in compli-
 20    ance with any noise  control  laws,  ordinances,  rules  or  regulations  that
 21    applied to the range and its operation at the time of establishment, construc-
 22    tion  or  initial operation of the range subject to the limitations in section
 23    55-2605, Idaho Code.
 24        (2)  Rules or regulations adopted by a state or local department or agency
 25    for limiting levels of noise in terms of decibel level which may occur in  the
 26    outdoor  atmosphere  shall  not  apply to a sport shooting range exempted from
 27    liability under this act.
 28        (3)  A municipal noise control ordinance may not require or be applied  so
 29    as to require a sport shooting range to limit or eliminate shooting activities
 30    that have occurred on a regular basis at the range prior to the enactment date
 31    of the ordinance.

 32        SECTION  2.  That  Section 55-2603, Idaho Code, be, and the same is hereby
 33    amended to read as follows:

 34        55-2603.  LOCAL REGULATION OF SPORT SHOOTING RANGE. (1) Except  as  other-
 35    wise  provided in this act, this act does not prohibit a local unit of govern-
 36    ment from regulating the location and construction of a sport  shooting  range
 37    after the effective date of this act.
 38        (2)  Nothing in this act limits the ability of aA local unit of government
 39    to  may regulate noise produced as a result of a substantial change in the use
 40    of the range.

                                       2

  1        SECTION 3.  That Section 55-2604, Idaho Code, be, and the same  is  hereby
  2    amended to read as follows:

  3        55-2604.  DEFINITIONS. As used in this act:
  4        (1)  "Local unit of government" means a county, city or a town.
  5        (2)  "Person"  means  an individual, proprietorship, partnership, corpora-
  6    tion, club, or other legal entity.
  7        (3)  "Sport shooting range" or "range" means an area designed and operated
  8    for the use of rifles, shotguns, pistols, silhouettes, skeet, trap, black pow-
  9    der, archery, or any other similar sport shooting.
 10        (4)  "Outdoor sport shooting range" means any range described  in  subsec-
 11    tion (3) of this section, including any range operated exclusively for the use
 12    of law enforcement, with the exception of:
 13        (a)  Any  totally  enclosed  facility  that is designed to offer a totally
 14        controlled shooting environment that includes impenetrable walls,  floors,
 15        and ceilings, adequate ventilation, lighting systems and acoustical treat-
 16        ment for sound attenuation; or
 17        (b)  Any range described in chapter 91, title 67, Idaho Code.
 18        (5)  "Substantial change in use" means that the current primary use of the
 19    range  no  longer  represents the activity previously engaged in at the range.
 20    The following actions shall not constitute a substantial change in use:
 21        (a)  Expanding or increasing membership or opportunities for public or law
 22        enforcement participation related to the primary activity  as  a  shooting
 23        range;
 24        (b)  Making repairs or improvements to enhance safety or noise abatement;
 25        (c)  Increasing events and activities related to the primary activity as a
 26        shooting range;
 27        (d)  Acquiring additional lands to be used for buffer zones or noise miti-
 28        gation efforts;
 29        (e)  Establishing or expanding range use hours between 7:00 a.m. and 10:00
 30        p.m.;
 31        (f)  Establishing  or  expanding  law  enforcement  agency range use hours
 32        between 10:00 p.m. and 7:00 a.m.

 33        SECTION 4.  That Chapter 26, Title 55, Idaho Code, be,  and  the  same  is
 34    hereby  amended by the addition thereto of a NEW SECTION, to be known and des-
 35    ignated as Section 55-2605, Idaho Code, and to read as follows:

 36        55-2605.  PREEMPTION OF LOCAL AUTHORITY  --  NOISE  STANDARDS  --  ZONING.
 37    Local  governmental  law  is  herein preempted and local governments shall not
 38    have authority to establish or  enforce  noise  standards  for  outdoor  sport
 39    shooting ranges, not otherwise exempted from local regulation by this chapter,
 40    more  restrictive  than  any  standards established for state outdoor shooting
 41    ranges in chapter 91, title 67, Idaho Code, nor shall a local government  have
 42    the  authority to make any action described in section 55-2604(5), Idaho Code,
 43    a violation of a local zoning ordinance nor shall the undertaking of any  such
 44    action  cause an outdoor sport shooting range to be in violation of any zoning
 45    ordinance.

 46        SECTION 5.  That Chapter 26, Title 55, Idaho Code, be,  and  the  same  is
 47    hereby  amended by the addition thereto of a NEW SECTION, to be known and des-
 48    ignated as Section 55-2606, Idaho Code, and to read as follows:

 49        55-2606.  SEVERABILITY. The provisions of this chapter are hereby declared
 50    to be severable and if any provision of this chapter  or  the  application  of

                                       3

  1    such  provision to any person or circumstance is declared invalid for any rea-
  2    son, such declaration shall not affect the validity of the remaining  portions
  3    of this chapter.

Statement of Purpose / Fiscal Impact



                       STATEMENT OF PURPOSE

                             RS 18051

This legislation deals with shooting ranges.  It adds to the
definition of a shooting range, the local regulation of a
shooting range, and the ability of a local unit of government to
regulate noise produced by the shooting range. 


                           FISCAL NOTE

There is no fiscal impact to the General Fund.







Contact
Name: Representative Mike Moyle
      Representative Marv Hagedorn
      Senator Curtis McKenzie
      Senator Shirley McKague
Phone: (208) 332-1000


STATEMENT OF PURPOSE/FISCAL NOTE                         H 604