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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
]]]] 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.
]]]] 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".
]]]] 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
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