SB1008 - 452R - House Bill Summary

House of Representatives

SB 1008

shooting ranges; noise standards

Sponsor: Senator Smith

DPA	Committee on Natural Resources and Agriculture
dp	Committee on Military, Veteran Affairs and Aviation
DPA	Caucus and COW
X	Third Read
	As Passed the House

SB 1008 establishes noise and operational standards for shooting ranges and provides them with an affirmative defense against civil liability relating to noise disturbances if shooting ranges operate in compliance with the bill’s established standards.

Current Status

SB 1008 was amended in the Natural Resources and Agriculture Committee to clarify the distinction between outdoor and indoor shooting ranges and to provide shooting ranges with an “affirmative defense,” rather than “immunity from civil liability,” in relation to noise allegations. SB 1008 passed the Military, Veterans’ Affairs & Aviation Committee unamended. SB 1008 was amended in the Committee of the Whole to incorporate the NRA amendment, specify how often shooting ranges must conduct noise measurements and clarify that the locations and payments for noise buffers and attenuation devices must be negotiated between property owners, developers, zoning authorities and shooting ranges.

History

Shooting ranges provide an opportunity for military and law enforcement training, sport shooting, fire arms and hunters safety classes, informal target shooting, trap and skeet shooting and recreation. The Arizona Game and Fish Commission regulates the construction and operation of shooting ranges in Arizona.

In 1999, the Arizona Legislature allocated $50,000 of retail sales tax revenues along with monies derived from sales and leases of Game and Fish Commission property to a program for developing shooting ranges statewide. This program had the stipulation to relocate certain shooting ranges with the intent of preventing noise disturbances; however, these monies were never appropriated. Also in 1999, an interest group recommended changes concerning location and operation of shooting ranges, specifically nuisance suits against shooting ranges. The group recommended a protection law for shooting ranges modeled after California’s range protection law, which limits shooting range liability in noise related cases.

Provisions

§ Requires shooting ranges that are in operation on July 1, 2002 to comply with this act before July 1, 2003 and shooting ranges not in operation on July 1, 2002 to comply by the time that they begin operation.

§ Preempts any city, town, county or other state noise standards for shooting ranges.

§ Defines shooting range and the following terms, which relate to measures of sound:

A-weighted, DBA, decibel and LEQ (h).

§ Clarifies that the shooting ranges affected by the provisions of this bill are outdoor shooting ranges.

§ Prohibits a shooting range’s noise from exceeding the time varying sound equivalent of a 64-decibel noise over a one hour time period.

§ Requires each shooting range to measure and keep records of the noise they emit at their expense at least once and upon every expansion resulting in a 20% increase of shooting areas and upon any introduction of new firearms or explosive devices to the range that would result in noise increases.

§ Exempts shooting ranges that are located at least one mile away from areas zoned for residential use from the noise measuring requirements.

§ Allows any person to review a shooting range’s noise measurements.

§ Prohibits the operation of shooting ranges between 10pm and 7am if it is located in an area zoned for residential use unless the range is used for law enforcement and/or military training and provides public notice announcing this activity.

§ Describes the technical and meter requirements for shooting ranges or any person performing sound pressure measurements.

§ Requires the zoning authority to provide for noise buffer or attenuation devices when rezoning property for certain uses within one mile of a shooting range that was constructed before July 1, 2002.

§ Allows for negotiations between property owners, developers, zoning authorities and shooting ranges regarding the locations and payments for noise buffers and attenuation devices.

§ Stipulates that shooting ranges that are constructed before July1, 2002 and follow local ordinances and zoning requirements or are constructed after June 30, 2002 are provided with an affirmative defense against civil liability regarding noise or noise pollution if they comply with this act.

§ Authorizes the court to award the prevailing party with all the costs and expenses that they incurred, including costs of conducting any noise measurements and all attorney fees.

§ States that the Legislature finds that shooting range noise standards are a matter of statewide concern.

Amendments

SB 1008 was amended in the Natural Resources and Agriculture Committee as follows:

§ Redefines shooting range or range to clarify that the provisions of the bill apply only to outdoor shooting ranges and to specify that they are permanently located and they include most types of sport shooting.

§ Replaces the section that provided a shooting range with “immunity from civil liability” with an “affirmative defense.”

§ Makes technical and conforming changes.

SB 1008 was amended in the Committee of the Whole as follows:

§ Strikes the provision granting shooting ranges immunity from civil liability and replaces it with a provision granting complying shooting ranges with an affirmative defense against claims regarding noise allegations.

§ Specifies that shooting ranges must conduct noise measurements at least once and upon every expansion resulting in a 20% increase of shooting areas and upon any introduction of new firearms or explosive devices to the range that would result in noise increases.