2004 Legislation
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HOUSE BILL NO. 738 – Shooting preserves, standards


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Bill Status

H0738...............................................by REVENUE AND TAXATION
SHOOTING PRESERVES - Amends existing law to revise standards relating to
shooting preserves; and to provide for grandfather rights.
02/19    House intro - 1st rdg - to printing
02/20    Rpt prt - to Res/Con
03/02    Rpt out - rec d/p - to 2nd rdg
03/03    2nd rdg - to 3rd rdg
03/05    3rd rdg - PASSED - 68-0-2
      AYES -- Andersen, Barraclough, Barrett, Bauer, Bayer, Bedke, Bell,
      Black, Block, Boe, Bolz, Bradford, Campbell, Cannon, Clark, Collins,
      Crow, Cuddy, Deal, Denney, Douglas, Eberle, Edmunson, Eskridge,
      Field(18), Field(23), Gagner, Garrett, Harwood, Henbest, Jaquet,
      Jones, Kellogg, Kulczyk, Lake, Langford, Langhorst, Martinez,
      McGeachin, McKague, Meyer, Miller, Mitchell, Moyle, Naccarato,
      Nielsen, Pasley-Stuart, Raybould, Ridinger, Ring, Ringo, Roberts,
      Robison, Rydalch, Sali, Sayler, Schaefer, Shepherd, Shirley, Skippen,
      Smith(30), Smith(24), Smylie, Snodgrass, Stevenson, Trail(Bennett),
      Wood, Mr. Speaker
      NAYS -- None
      Absent and excused -- Ellsworth, Wills
    Floor Sponsor - Cuddy
    Title apvd - to Senate
03/08    Senate intro - 1st rdg - to Res/Env

Bill Text

  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-seventh Legislature                 Second Regular Session - 2004
                              IN THE HOUSE OF REPRESENTATIVES
                                     HOUSE BILL NO. 738
                             BY REVENUE AND TAXATION COMMITTEE
  1                                        AN ACT
  4        RIGHTS.
  5    Be It Enacted by the Legislature of the State of Idaho:
  6        SECTION 1.  That Section 36-2203, Idaho Code, be, and the same  is  hereby
  7    amended to read as follows:
  8        36-2203.  STANDARDS. (a) Each shooting preserve shall contain a minimum of
  9    one  hundred  sixty (160) acres in any tract of land (including water area, if
 10    any) and shall be restricted to not more than one four  thousand  six  hundred
 11    (1,64,000)   acres (including water area, if any). Tracts included in the pre-
 12    serve do not need to shall be contiguous. A licensee shall be granted only one
 13    (1) shooting preserve license. Multiple licenses shall not be used to  circum-
 14    vent the maximum acreage restriction.
 15        (b)  The  tract or tracts of land concerned must be owned or leased by the
 16    licensee; must be adaptable to use as a game breeding and/or controlled shoot-
 17    ing area; must not encompass any public land; must be of such nature that  the
 18    game  birds  propagated  and/or released thereon are not likely to become dis-
 19    eased and a menace to other wildlife; and the operation of a shooting preserve
 20    must be of such a nature as to not likely work a fraud upon persons  paying  a
 21    fee  to  hunt  thereon; and established public access or easements through the
 22    tract or tracts of land constituting the  preserve  must  not  be  limited  or
 23    restricted in any manner.
 24        (c)  No license shall be granted for any shooting preserve, any portion of
 25    which  is  within  one (1) mile of any state or federal park, wilderness area,
 26    refuge or wildlife management area operated by the state or federal government
 27    unless the commission finds that:
 28        1.  The state or federal park, wilderness area, refuge or wildlife manage-
 29        ment area is less than one hundred sixty (160) acres in size;
 30        2.  The state or federal park, wilderness area, refuge or wildlife manage-
 31        ment area is open to public hunting; and
 32        3.  Licensing the proposed shooting preserve will not affect  the  manage-
 33        ment  of  the  state  or federal park, wilderness area, refuge or wildlife
 34        management area.
 35        (d)  Any person who, on June 30, 2004, holds a license for  the  operation
 36    of  a  shooting  preserve pursuant to the provisions of this chapter, shall be
 37    accorded "grandfather rights," and are therefore exempt from  the  prohibition
 38    against  the  tract or tracts of land constituting a preserve encompassing any
 39    public land, contiguity requirements, and public access and easement  require-
 40    ments  as  provided for by this act. Notwithstanding the expansion of any pre-
 41    serve on or after July 1, 2004, this exemption shall apply only to  the  tract
 42    or  tracts  of  land  constituting  the  licensed  preserve  on June 30, 2004.
 43    "Grandfather rights" shall be deemed  to  have  been  abandoned  by  any  such
  1    license  holder that fails to obtain a shooting preserve license renewal on an
  2    ongoing annual basis.

Statement of Purpose / Fiscal Impact

                       STATEMENT OF PURPOSE
                             RS 13975

     This purpose of this legislation is to expand the allowable
acreage for shooting preserves.  This bill would allow an
increase from the existing 1600 acre limit to a 4000 acre limit. 
Grandfather rights would be retained on the original 1600 acres
but would not apply to the additional acreage.

                          FISCAL IMPACT
     There is no fiscal impact to the general fund.

Name: Representative Chuck Cuddy, Senator Skip Brandt 
Phone: 332-1000

STATEMENT OF PURPOSE/FISCAL NOTE                      H 738