HB190 By Representatives South, Poole and Harper RFD Judiciary Rd 1 11-FEB-16

SYNOPSIS: Under existing law, a sport shooting range is immune from civil liability or criminal prosecution in any matter relating to noise or noise pollution or lead or lead pollution if the range operates between the hours of 9:00 a.m. and 9:00 p.m. and was in existence prior to 1990 or is in compliance with any noise control or lead control laws or ordinances applying to the range on August 1, 2001, or at the time the range came into existence, whichever occurred first.

This bill would extend this immunity to sport shooting ranges that are in compliance with any noise control or lead control laws or ordinances applying to the range on June 1, 2016, or at the time the range came into existence, whichever occurs first.

A BILL TO BE ENTITLED AN ACT

To amend Section 6-5-341, Code of Alabama 1975, relating to liability for the operation or use of sport shooting ranges, to extend immunity for civil and criminal claims relating to violations of noise and lead laws and regulations to ranges in compliance with any noise control or lead control laws applying to the range on June 1, 2016, or at the time the range came into existence, whichever occurs first.

BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:Section 1. Section 6-5-341, Code of Alabama 1975, is amended to read as follows:

§6-5-341.

"(a) As used in this section, the following words shall have the following meanings:

"(1) GOVERNMENTAL BODY. The State of Alabama or any county or municipal governing body, agency, board, commission, committee, council, department, district, or any other public body corporate and politic created by constitution, statute, ordinance, rule, or order.

"(2) PROPERTY. Real property and buildings, structures, and improvements thereon.

"(3) SPORT SHOOTING RANGE. An area designed and used for rifle shooting, pistol shooting, trapshooting, skeetshooting, or other target shooting and related training or practice for the purpose of sharpshooting or improving in the use of firearms.

"(b)(1) This section applies to all private or public civil, injunctive, and nuisance actions.

"(2) Notwithstanding any other provision of law, any person, firm, or entity who operates or uses a sport shooting range in this state shall not be subject to civil liability or criminal prosecution in any matter relating to noise or noise pollution or lead or lead pollution resulting from the operation or use of the range if the range is being operated between the hours of 9:00 a.m. and 9:00 p.m. and if the range has been in existence prior to 1990 or is in compliance with any noise or lead control laws or ordinances that applied to the sport shooting range and its operation on August 1, 2001 June 1, 2016, or at the time the sport shooting range came into existence, whichever event occurs first.

"(3) Any person, firm, or entity who operates or uses a sport shooting range is not subject to an action for nuisance and is not subject to injunction to stop the use or operation of the shooting range on the basis of noise or noise pollution or lead or lead pollution if the range is being operated between the hours of 9:00 a.m. and 9:00 p.m. and if the range has been in existence prior to 1990 or is in compliance with any noise control or lead control laws or ordinances applying to the sport shooting range and its operation on August 1, 2001 June 1, 2016, or at the time the sport shooting range came into existence, whichever event occurs first.

"(4) Except as expressly provided herein, nothing in this section nor the common law doctrine of attractive nuisance shall create any duty of care or grounds for liability toward any person using the property of another for a sport shooting range.

"(c) No public street or alley shall be opened through a tract of property used or occupied as a sport shooting range, unless the necessity of the street or alley is first established by verdict of a jury upon a showing of extreme need and impossibility of redirecting or rerouting the street or alley to accommodate the sport shooting range.

"(d) Rules or regulations adopted by any governmental body limiting levels of noise in terms of decibel level which may occur in the atmosphere shall not apply to a sport shooting range exempted from liability under this section.

"(e) Rules or regulations adopted by any governmental body limiting levels of lead occurring in the atmosphere shall not apply to a sport shooting range exempted from liability under this section."

Section 2. This act shall become effective on June 1, 2016, following its passage and approval by the Governor, or its otherwise becoming law.

Firearms

Shooting Ranges

Civil Procedure

Nuisances

Lead

Code Amended