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SPONSOR: |
Griego |
DATE TYPED: |
01/31/02 |
HB |
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SHORT TITLE: |
Sport Shooting Range Act |
SB |
275 |
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ANALYST: |
Belmares |
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APPROPRIATION
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Appropriation
Contained |
Estimated
Additional Impact |
Recurring or Non-Rec |
Fund Affected |
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FY02 |
FY03 |
FY02 |
FY03 |
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NFI |
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(Parenthesis ( ) Indicate Expenditure
Decreases)
Department of Public Safety (DPS)
LFC Files
SUMMARY
Synopsis of Bill
Senate Bill 275 creates the Sport Shooting Range
Act and provides standards for immunity from nuisance actions based on noise or
noise pollution. Specifically, SB 275
establishes that the use or operation of a sport shooting range shall not be
enjoined as a nuisance on the basis of noise or noise pollution if the sport
shooting range is in compliance with noise control statutes, rules or
ordinances that governed the sport shooting range at the time it commenced
operations. SB 275 also provides
exclusion from future noise control statutes, rules or ordinances or changes
in, rules or ordinances (if new rules or changes proceed the initial operation
of commencement of range operations).
SB 275 establishes that the use or operation of a sport shooting range
may not be enjoined as a nuisance on the basis of noise or noise pollution by a
person who acquires an interest in real property adversely affected by the
normal operation and use of the sport shooting range that commenced operation
prior to the time the person acquired the interest in the real property. Finally, SB 275 specifies the Sport Shooting
Range Act shall not prohibit a local government from regulating the location
and construction of sport shooting ranges after July 1, 2002.
Significant
Issues
Under SB 275 a landowner who has acquired his or
her land after the range was in existence will be unable to prevail in an noise
nuisance action. Even if an urban
environment encroaches on an area occupied by the sport shooting range.
In effect, SB 275 extends “grandfather status”
to shooting ranges currently in existence and allows the shooting ranges to
continue in operation under rules or ordinances in a given municipality or
county when the shooting range commenced operation. SB 275 does not prohibit local governments from regulating the
location and construction of sport shooting ranges after July 1, 2002.
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