HOUSE BILL NO. 604
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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
]]]] 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.
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
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
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
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
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
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.
There is no fiscal impact to the General Fund.
Name: Representative Mike Moyle
Representative Marv Hagedorn
Senator Curtis McKenzie
Senator Shirley McKague
Phone: (208) 332-1000
STATEMENT OF PURPOSE/FISCAL NOTE H 604