HB327 By Representatives Henry, Hammon, Moore (B) and Harbison RFD Judiciary Rd 1 19-MAR-15

SYNOPSIS: This bill would create the Alabama Firearms Industry Nondiscrimination Act.

This bill would provide a person or trade association as defined by this act with a civil cause of action based on a refusal to provide goods or services to that person or trade association solely because that person is engaged in the lawful commerce of firearms or ammunition products.

This bill would provide the Attorney General with authority to investigate and pursue civil charges against a person who engages in the discriminatory business practices outlined in this act.

A BILL TO BE ENTITLED AN ACT

Relating to the firearms industry and discriminatory practice of refusing to provide goods or services to those persons engaged in the lawful commerce of firearms or ammunition products; to add a new Article 39 to Chapter 5 of Title 6, Code of Alabama 1975, to provide a private civil cause of action for discriminatory business practices based solely on a person or trade association's lawful commerce in firearms or ammunition products; and to provide the Attorney General authority to investigate and file a civil action to enforce this act.

BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:

Section 1. A new Article 39 of Chapter 5 of Title 6, comprised of Sections 6-5-760, 6-5-761, 6-5-762, 6-5-763, 6-5-764, 6-5-765, and 6-5-766 is added to the Code of Alabama 1975, to read as follows:

Article 39. Firearms Industry Nondiscrimination.

§6-5-760. This article shall be known and may be cited as the Alabama Firearms Industry Nondiscrimination Act.

§6-5-761. As used in and for determining the applicability of this article, the following words shall have the following meanings solely for purposes of this chapter:

(1) PERSON. One or more individuals, partnerships, associations, limited liability companies, corporations, unincorporated organizations, mutual companies, joint stock companies, trusts, agents, legal representatives, trustees, trustees in bankruptcy, receivers, labor organizations, public bodies, public corporations, and the State of Alabama, and all political subdivisions and agencies thereof.

(2) TRADE ASSOCIATION. Any corporation, unincorporated association, federation, business league, professional or business organization not organized or operated for profit and no part of the net earnings of which inures to the benefit of any private shareholder or individual, that is an organization described in Section 501(c)(6) of Title 26 of the United States Code and exempt from tax under Section 501(a) of such title, and two or more members of which are manufacturers or sellers of a qualified product as defined by Section 7903(4) of Title 15 of the United States Code.

§6-5-762. It shall be an unlawful discriminatory practice for any person to refuse to provide any goods or services of any kind, or to refrain from continuing an existing business relationship, or to terminate an existing business relationship with, or otherwise discriminate against a person or trade association, solely because a person is engaged in the lawful commerce of firearms or ammunition products who is licensed pursuant to Chapter 44 of Title 18 of the United States Code or is a trade association as defined by this article.

§6-5-763. A victim of unlawful discriminatory practices described in Section 6-5-762 may bring a civil cause of action for unlawful discriminatory practices against any person who committed the offense for actual and compensatory damages, punitive damages, treble damages, exemplary damages, injunctive relief, and any other appropriate civil relief.

§6-5-764. A plaintiff who successfully prevails in a civil action filed pursuant to this article shall be entitled to recover reasonable attorney's fees and all court costs.

§6-5-765. A private civil cause of action filed pursuant to this article must be filed no later than two years after the date when the aggrieved person becomes aware of the unlawful discriminatory practice set forth in Section 6-5-762.

§6-5-766. (a) In addition to the other remedies provided in this article, whenever the Attorney General has reason to believe that any person is engaging, has engaged, or is about to engage in any act or practice declared unlawful by this act, the Attorney General, on his or her own initiative, may bring a civil action in the name of the state against that person:

(1) To obtain a declaratory judgment that the act or practice violates this article.

(2) To enjoin any act or practice that violates this article by issuance of a temporary restraining order or preliminary or permanent injunction, without bond, upon the giving of appropriate notice.

(3) To recover civil penalties of up to ten thousand dollars ($10,000) per violation of this article, or any injunction, judgment, or consent order issued or entered into under this article and reasonable expenses, investigative costs, and attorney's fees.

(b) Any action, application, or motion brought by the Attorney General against a person under this article shall be filed in the 15th Judicial Circuit Court of Alabama.

Section 2. This act shall become effective on the first day of the third month following its passage and approval by the Governor, or its otherwise becoming law.

Civil Procedure

Firearms

Business and Industry

Banks and Banking

Code Added