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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
]]]] 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
2 RELATING TO FISH AND GAME; AMENDING SECTION 36-2203, IDAHO CODE, TO REVISE
3 STANDARDS RELATING TO SHOOTING PRESERVES AND TO PROVIDE FOR GRANDFATHER
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
2
1 license holder that fails to obtain a shooting preserve license renewal on an
2 ongoing annual basis.
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.
Contact
Name: Representative Chuck Cuddy, Senator Skip Brandt
Phone: 332-1000
STATEMENT OF PURPOSE/FISCAL NOTE H 738