2005 Legislation
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HOUSE BILL NO. 92 – Shooting preserves, standards

HOUSE BILL NO. 92

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Bill Status



H0092aaS......................................by RESOURCES AND CONSERVATION
SHOOTING PRESERVES - Amends existing law to revise standards relating to
shooting preserves; and to provide for grandfather rights.
                                                                        
02/02    House intro - 1st rdg - to printing
02/03    Rpt prt - to Res/Con
02/22    Rpt out - rec d/p - to 2nd rdg
02/23    2nd rdg - to 3rd rdg
02/28    3rd rdg - PASSED - 69-0-1
      AYES -- Anderson, Andrus, Barraclough, Barrett, Bastian, Bayer,
      Bedke, Bell, Bilbao, Black, Block, Boe, Bolz, Bradford, Cannon,
      Chadderdon, Clark, Collins, Crow, Deal, Denney, Edmunson, Ellsworth,
      Eskridge, Field(18), Field(23), Garrett, Hart, Harwood, Henbest,
      Henderson, Jaquet, Jones, Kemp, Lake, LeFavour, Loertscher, Martinez,
      Mathews, McGeachin, McKague, Miller, Mitchell, Moyle, Nielsen,
      Nonini, Pasley-Stuart, Pence, Raybould, Ring, Ringo, Roberts, Rusche,
      Rydalch, Sali, Sayler, Shepherd(2), Shepherd(8), Shirley, Skippen,
      Smith(30), Smith(24), Smylie, Snodgrass, Stevenson, Trail, Wills,
      Wood, Mr. Speaker
      NAYS -- None
      Absent and excused -- Schaefer
    Floor Sponsor - Shepherd(8)
    Title apvd - to Senate
03/01    Senate intro - 1st rdg - to Res/Env
03/17    Rpt out - to 14th Ord
03/23    Rpt out amen - to 1st rdg as amen
03/24    1st rdg - to 2nd rdg as amen
03/25    2nd rdg - to 3rd rdg as amen
    Rls susp - PASSED - 34-0-0, 1 vacancy
      AYES -- Andreason, Brandt, Broadsword, Bunderson, Burkett,
      Burtenshaw, Cameron, Coiner, Compton, Corder, Darrington, Davis,
      Gannon, Geddes, Goedde, Hill, Jorgenson, Kelly, Keough, Langhorst,
      Little, Lodge, Malepeai, Marley, McGee, McKenzie, Pearce, Richardson,
      Schroeder, Stegner, Stennett, Sweet, Werk, Williams
      NAYS -- None
      Absent and excused -- (District 21 seat vacant)
    Floor Sponsor - Brandt
    Title apvd - to House
03/28    House concurred in Senate amens - to engros
03/29    Rpt engros - 1st rdg - to 2nd rdg as amen
03/30    2nd rdg - to 3rd rdg as amen
    Rls susp - PASSED - 66-0-4
      AYES -- Anderson, Andrus, Barraclough, Barrett, Bastian, Bayer, Bell,
      Bilbao, Black, Block, Boe, Bolz, Bradford, Cannon, Chadderdon, Clark,
      Collins, Crow, Deal, Denney, Edmunson, Ellsworth, Eskridge,
      Field(18), Field(23), Garrett, Hart, Harwood, Henbest, Henderson,
      Jaquet, Jones, Kemp, Lake, LeFavour, Loertscher, Martinez, Mathews,
      McGeachin, Miller, Mitchell, Moyle, Nielsen, Nonini, Pasley-Stuart,
      Pence, Raybould, Ring, Ringo, Roberts, Rusche, Rydalch, Sali, Sayler,
      Schaefer, Shepherd(2), Shepherd(8), Shirley, Skippen, Smith(30),
      Smith(24), Smylie, Snodgrass, Trail, Wood, Mr. Speaker
      NAYS -- None
      Absent and excused -- Bedke, McKague, Stevenson, Wills
    Floor Sponsor - Shepherd(8)
    Title apvd - to enrol
03/31    Rpt enrol - Sp signed - Pres signed
04/04    To Governor
04/13    Governor signed
         Session Law Chapter 368
         Effective: 07/01/05

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   First Regular Session - 2005
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 92
                                                                        
                          BY RESOURCES AND CONSERVATION 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 thousand six hundred (1,600)
 11    acres (including water area, if any) in the event the land is  leased  by  the
 12    licensee  or four thousand (4,000) acres (including water area, if any) in the
 13    event the land is owned by the licensee. Tracts included in  the  preserve  do
 14    not  need  to be contiguous. A licensee shall be granted only one (1) shooting
 15    preserve license. Multiple licenses shall not be used to circumvent the  maxi-
 16    mum acreage restriction.
 17        (b)  The  tract or tracts of land concerned must be owned or leased by the
 18    licensee; must be adaptable to use as a game breeding and/or controlled shoot-
 19    ing area; must not encompass any public land or limit any historical access to
 20    public land; must be of such nature that  the  game  birds  propagated  and/or
 21    released thereon are not likely to become diseased and a menace to other wild-
 22    life;  and the operation of a shooting preserve must be of such a nature as to
 23    not likely work a fraud upon persons paying a fee to hunt thereon.
 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, 2005, 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  or limiting any historical access to public land as provided for
 40    by this act. Notwithstanding the expansion of any preserve on or after July 1,
 41    2005, this exemption shall apply only to the tract or tracts of  land  consti-
 42    tuting  the  licensed preserve on June 30, 2005. "Grandfather rights" shall be
 43    deemed to have been abandoned by any such license holder that fails to  obtain
                                                                        
                                           2
                                                                        
  1    a shooting preserve license renewal on an ongoing annual basis.

Amendment


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   First Regular Session - 2005
                                                                        
                                                                        
                                                     Moved by    Little              
                                                                        
                                                     Seconded by Brandt              
                                                                        
                                                                        
                                       IN THE SENATE
                              SENATE AMENDMENT TO H.B. NO. 92
                                                                        
  1                                AMENDMENT TO SECTION 1
  2        On page 1 of the printed bill, in line 19, delete "historical" and insert:
  3    "existing"; and in line 39, delete "historical" and insert: "existing".

Engrossed Bill (Original Bill with Amendment(s) Incorporated)


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   First Regular Session - 2005
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                        HOUSE BILL NO. 92, As Amended in the Senate
                                                                        
                          BY RESOURCES AND CONSERVATION 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 thousand six hundred (1,600)
 11    acres (including water area, if any) in the event the land is  leased  by  the
 12    licensee  or four thousand (4,000) acres (including water area, if any) in the
 13    event the land is owned by the licensee. Tracts included in  the  preserve  do
 14    not  need  to be contiguous. A licensee shall be granted only one (1) shooting
 15    preserve license. Multiple licenses shall not be used to circumvent the  maxi-
 16    mum acreage restriction.
 17        (b)  The  tract or tracts of land concerned must be owned or leased by the
 18    licensee; must be adaptable to use as a game breeding and/or controlled shoot-
 19    ing area; must not encompass any public land or limit any existing  access  to
 20    public  land;  must  be  of  such nature that the game birds propagated and/or
 21    released thereon are not likely to become diseased and a menace to other wild-
 22    life; and the operation of a shooting preserve must be of such a nature as  to
 23    not likely work a fraud upon persons paying a fee to hunt thereon.
 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, 2005, 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 or limiting any existing access to public land as provided for  by
 40    this  act.  Notwithstanding  the expansion of any preserve on or after July 1,
 41    2005, this exemption shall apply only to the tract or tracts of  land  consti-
 42    tuting  the  licensed preserve on June 30, 2005. "Grandfather rights" shall be
 43    deemed to have been abandoned by any such license holder that fails to  obtain
                                                                        
                                           2
                                                                        
  1    a shooting preserve license renewal on an ongoing annual basis.

Statement of Purpose / Fiscal Impact


                       STATEMENT OF PURPOSE

                             RS 14727

The 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 NOTE

There is no fiscal impact to the general fund.


Contact
Name:  Rep. Paul Shepherd (8) 
Phone: 332-1000
       Rep. Ken Roberts
       332-1000


STATEMENT OF PURPOSE/FISCAL NOTE                       H 92