S.B. 190

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Senate 2^nd Reading Amendments 2-25-2003 rd/rhr

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Senate Committee Amendments 2-20-2003 rd/rhr This document includes Senate Committee Amendments incorporated into the bill on Thu, Feb 20, 2003 at 11:30 AM by rday. --> This document includes Senate 2^nd Reading Floor Amendments incorporated into the bill on Tue, Feb 25, 2003 at 11:13 AM by rday. --> 1

EXPANSION OF USES OF PUBLICLY
2 FUNDED SHOOTING RANGES
3 2003 GENERAL SESSION
4 STATE OF UTAH
5 Sponsor: Bill Wright
6 This act modifies provisions relating to State Affairs in General to require S CERTAIN s shooting
7 ranges constructed with public funds to be made available to the public. The act
8 provides for reasonable fees to be charged and for the use of those fees. The act provides
9 for procedures to be established for the use of shooting ranges.
10 This act affects sections of Utah Code Annotated 1953 as follows:
11 ENACTS:
12 63-11-66, Utah Code Annotated 1953
13 Be it enacted by the Legislature of the state of Utah:
14 Section 1. Section 63-11-66 is enacted to read:
15 63-11-66. Access to shooting ranges constructed with public funds -- Reasonable
16 fees -- Procedure for use by the public.
17 (1) As used in this section:
18 S [ (a) "Military range" means a shooting range located on a state military installation.
19 (b) ] (a) s "Nonmilitary range" means a shooting range S , AS DEFINED IN SECTION 47-3-1, s
19a that is not S [ a ] LOCATED ON A STATE s military S [ range ] INSTALLATION AND IS NOT WITHIN A
19b SECURE CORRECTIONAL FACILITY AS DEFINED IN SECTION 64-13-1 s .
20 S [ (c) ] (b) s "Political subdivision" has the same meaning as defined in Section 17B-2-101 and
21 includes a school district.
22 S [ (d) ] (c) s "Public funds" means money belonging to the federal government, the state, or a
23 political subdivision.
24 S [ (e) "Shooting range" has the same meaning as defined in Section 47-3-1 . ] s
25 (2) Each S [ shooting ] NONMILITARY s range, whether indoor or outdoor, constructed with
25a public funds and
26 operated or controlled by the state, an institution of higher education, or a political subdivision,

27 shall be made available as provided in this section for use by any person capable of bearing

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Senate 2^nd Reading Amendments 2-25-2003 rd/rhr

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Senate Committee Amendments 2-20-2003 rd/rhr 28

arms.
29 (3) (a) Reasonable fees for the use of a S [ shooting ] NONMILITARY s range to cover S [ the
29a incidental material ]
30 [ and supply ] s costs incurred by making the S [ shooting ] NONMILITARY s range available to the
30a public may be
31 established by S [ :
32 (i) for a military range, the State Armory Board established under Title 39, Chapter 2,
33 State Armory Board; and
34 (ii) for a nonmilitary range, ] s the state agency, institution of higher education, or political
35 subdivision that operates or has control of the nonmilitary range.
36 (b) Fees collected under Subsection (3)(a) shall be:
37 (i) for a S [ shooting ] NONMILITARY s range operated or controlled by the state or an
37a institution of higher
38 education, deposited in the General Fund as dedicated credits to be used for the operation and
39 maintenance of the S [ shooting ] NONMILITARY s range; and
40 (ii) for a S [ shooting ] NONMILITARY s range operated or controlled by a political
40a subdivision, used by the
41 political subdivision as its legislative body determines.
42 S [ (4) Use of a military range by civilians may not interfere with the use of the military
43 range by members of the Utah National Guard.
44 S [ (5)] (4) s A procedure for use of a S [shooting] NONMILITARY s range by the public S [:
45 (a) shall be established by the State Armory Board for each military range; and
46 (b)] s may be established S [for a nonmilitary range] s by the state agency, institution of
46a higher
47 education, or political subdivision that operates or has control of the nonmilitary range. ]
47a (4) EACH STATE AGENCY, INSTITUTION OF HIGHER EDUCATION, AND POLITICAL
47b SUBDIVISION THAT OPERATES OR CONTROLS A NONMILITARY RANGE SHALL ESTABLISH A
47c WRITTEN PROCEDURE THAT PROVIDES REASONABLE TERMS AND CONDITIONS DESIGNED TO
47d FACILITATE USE OF THE NONMILITARY RANGE BY THE PUBLIC. s

Legislative Review Note
as of 2-7-03 6:20 PM

A limited legal review of this legislation raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel