HB466 By Representative South RFD State Government Rd 1 06-APR-17

SYNOPSIS: Under existing law, civil and criminal immunity is provided to sport shooting range operators and patrons that operate or use a sport shooting range in any matter relating to noise or lead pollution when the range is operated during certain hours and in compliance with applicable laws and regulations.

This bill would clarify the extent of immunity from civil and criminal liability and nuisance actions extended to sport shooting range operators and patrons under this section and would include compliance with recommended or required lead control laws or regulations as a prerequisite to extending immunity to operators or patrons of sport shooting ranges that commenced operations on or after August 1, 2001.

A BILL TO BE ENTITLED AN ACT

To amend Section 6-5-341, Code of Alabama 1975, relating to immunity from civil or criminal liability and nuisance actions in any matter relating to noise or lead pollution as a result of the operation or use of a sports shooting range; to clarify the immunity afforded; and to include compliance with recommended or required lead control laws or regulations as a prerequisite to extending immunity to operators or patrons of sport shooting ranges that commenced operations after a certain date.

BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:Section 1. Section 6-5-341 of the 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 resulting from the operation or use of the range in any matter relating to noise pollution 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:

"a. the range is operated between the hours of 9:00 a.m. and 9:00 p.m.; and

"b.1. the range has been in existence prior to 1990; or

"2. the range 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, or at the time the sport shooting range came into existence, whichever event occurs first. For any sport shooting range that came into existence after August 1, 2001, compliance with recommended or required lead control laws or regulations include the development, documentation, and compliance with a lead remediation and control plan that is designed to prevent the delivery, movement, or migration of lead particles or contaminant onto neighboring lands and bodies of water or into the water tables beneath the sport shooting range.

"(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:

"a. the range is being operated between the hours of 9:00 a.m. and 9:00 p.m.; and

"b.1. if the range has been in existence prior to 1990; or

"2. the range 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, or at the time the sport shooting range came into existence, whichever event occurs first. For any sport shooting range that came into existence after August 1, 2001, compliance with recommended or required lead control laws or regulations include the development, documentation, and compliance with a lead remediation and control plan that is designed to prevent the delivery, movement, or migration of lead particles or contaminant onto neighboring lands and bodies of water or into the water tables beneath the sport shooting range.

"(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 the first day of the third month following its passage and approval by the Governor, or its otherwise becoming law.

Firearms

Sports Shooting Ranges

Immunity

Code Amended