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S.B. 190

             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 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          (a) "Military range" means a shooting range located on a state military installation.
             19          (b) "Nonmilitary range" means a shooting range that is not a military range.
             20          (c) "Political subdivision" has the same meaning as defined in Section 17B-2-101 and
             21      includes a school district.
             22          (d) "Public funds" means money belonging to the federal government, the state, or a
             23      political subdivision.
             24          (e) "Shooting range" has the same meaning as defined in Section 47-3-1 .
             25          (2) Each shooting range, whether indoor or outdoor, constructed with 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



             28      arms.
             29          (3) (a) Reasonable fees for the use of a shooting range to cover the incidental material
             30      and supply costs incurred by making the shooting range available to the public may be
             31      established by:
             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, 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 shooting range operated or controlled by the state or an institution of higher
             38      education, deposited in the General Fund as dedicated credits to be used for the operation and
             39      maintenance of the shooting range; and
             40          (ii) for a shooting range operated or controlled by a political subdivision, used by the
             41      political subdivision as its legislative body determines.
             42          (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          (5) A procedure for use of a shooting range by the public:
             45          (a) shall be established by the State Armory Board for each military range; and
             46          (b) may be established for a nonmilitary range by the state agency, institution of higher
             47      education, or political subdivision that operates or has control of the nonmilitary range.




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


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