HB12 By Representatives Butler, Farley, Hanes, Nordgren, Hill (J), Whorton (R), Rich and Wood RFD Education Policy Rd 1 02-FEB-16

SYNOPSIS: This bill would propose an amendment to the Constitution of Alabama of 1901, to allow a concealed pistol permit holder to carry a concealed pistol upon his or her person while the permit holder is on the campus of a public institution of higher education or a private institution of higher education.

The amendment would allow public institutions of higher education or private institutions of higher education to establish rules concerning the storage of pistols in dormitories or other residential facilities that are owned or leased and operated by the institution and located on the campus of the institution and to further limit the carrying of pistols on campus under certain conditions.

This amendment would also provide immunity for public and private institutions of higher education from damages arising from action or inaction under the requirements of the amendment, with certain limitations.

A BILL TO BE ENTITLED AN ACT

To propose an amendment to the Constitution of Alabama of 1901, to allow a concealed pistol permit holder to carry a concealed pistol upon his or her person while the permit holder is on the campus of a public institution of higher education or a private institution of higher education; to allow public or private institutions of higher education to establish rules concerning the storage of pistols in dormitories or other residential facilities; to allow the president or other chief executive officer of a public institution of higher education to adopt reasonable rules regarding the carrying of concealed pistols by permit holders on the campus of the institution or on premises located on the campus of the institution with certain limitations; to allow a private institution of higher education to adopt rules prohibiting permit holders from carrying pistols on the campus of the institution, any grounds or building on which an activity sponsored by the institution is being conducted, or a passenger transportation vehicle owned by the institution; to provide immunity for public and private institutions of higher education from damages arising from action or inaction under the requirements of the amendment, with certain limitations; and to allow the Legislature to adopt criminal penalties for violations of the amendment by general law.

BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:Section 1. The following amendment to the Constitution of Alabama of 1901, as amended, is proposed and shall become valid as a part thereof when approved by a majority of the qualified electors voting thereon and in accordance with Sections 284, 285, and 287 of the Constitution of Alabama of 1901, as amended:

PROPOSED AMENDMENT

(a) For the purposes of this amendment, the following terms shall have the following meanings:

(1) CAMPUS. All land and buildings owned or leased by an institution of higher education.

(2) PRIVATE INSTITUTION OF HIGHER EDUCATION. Independent colleges or universities incorporated and located in this state, which by virtue of law or charter or license are educational institutions authorized to grant academic degrees and which provide a level of education which is equivalent to the education provided by a public institution of higher education.

(3) PUBLIC INSTITUTION OF HIGHER EDUCATION. Those public educational institutions in Alabama which provide formal education, including vocational, technical, collegiate, professional, or any other form of education, above the secondary school level.

(4) PREMISES. A building or a portion of a building. The term does not include any public or private driveway, street, sidewalk or walkway, parking lot, parking garage, or other parking area.

(b) A person who has a permit under Section 13A-11-75, Code of Alabama 1975, may carry a concealed pistol upon his or her person while the permit holder is on the campus of a public institution of higher education or, except as otherwise provided in subsection (f), a private institution of higher education.

(c) Except as provided in subsection (d), (e), or (f), a public institution of higher education or a private institution of higher education may not adopt any rule prohibiting permit holders from carrying pistols on the campus of the institution.

(d) A public institution of higher education or a private institution of higher education may establish rules concerning the storage of pistols in dormitories or other residential facilities that are owned or leased and operated by the institution and located on the campus of the institution.

(e)(1) After consulting with students, staff, and faculty of the institution regarding the nature of the student population, specific safety considerations, and the uniqueness of the campus environment, the president or other chief executive officer of a public institution of higher education shall adopt reasonable rules regarding the carrying of concealed pistols by permit holders on the campus of the institution. The president or officer may not adopt rules that generally prohibit or have the effect of generally prohibiting permit holders from carrying concealed pistols on the campus of the institution. The president or officer may amend the rules as necessary for campus safety. The rules shall take effect as determined by the president or officer unless subsequently amended by the board of trustees or other governing board under subdivision (2). The institution must give effective notice as provided in subsection (c) of Section 13A-11-61.2, Code of Alabama 1975, with respect to any portion of a premises on which permit holders may not carry.

(2) Not later than the 90th day after the date that the rules are adopted as described by subdivision (1), the board of trustees or other governing board of the public institution of higher education shall review the rules. The board of trustees or other governing board, by a vote of not less than two-thirds of the board, may amend wholly or partially the rules established under subdivision (1). If amended under this subdivision, the rules are considered to be those of the institution as established under subdivision (1).

(3) A public institution of higher education shall widely distribute the rules described by subdivision (1) to the institution's students, staff, and faculty, including by prominently publishing the rules on the institution's Internet website.

(4) Not later than September 1 of each even-numbered year, each public institution of higher education shall submit a report to the Speaker of the House of Representatives and the President Pro Tempore of the Senate including the following information:

a. A description of its rules regarding the carrying of concealed pistols on the campus of the institution.

b. An explanation of the rationale supporting the rules.

(f) A private institution of higher education, after consulting with students, staff, and faculty of the institution, may establish rules or other provisions prohibiting permit holders from carrying pistols on the campus of the institution, any grounds or building on which an activity sponsored by the institution is being conducted, or a passenger transportation vehicle owned by the institution.

(g) A public institution of higher education, an officer or employee of a public institution of higher education, a private institution of higher education that has not adopted rules under subsection (f), and an officer or employee of a private institution of higher education that has not adopted rules under subsection (f), is not liable for any damages caused by an action authorized under this section or the failure to act under this section, unless:

(1) The act or failure to act was arbitrary or capricious.

(2) The basis of the claim for personal injury or property damage is the conduct of an employee or officer of an institution who possesses a pistol on the campus of the institution.

(h) The Legislature may provide criminal penalties for violations of this amendment by general law.

Section 2. An election upon the proposed amendment shall be held in accordance with Sections 284 and 285 of the Constitution of Alabama of 1901, now appearing as Sections 284 and 285 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, and the election laws of this state.

Section 3. The appropriate election official shall assign a ballot number for the proposed constitutional amendment on the election ballot and shall set forth the following description of the substance or subject matter of the proposed constitutional amendment:

"Proposing an amendment to the Constitution of Alabama of 1901, to allow a concealed pistol permit holder to carry a concealed pistol upon his or her person while the permit holder is on the campus of a public institution of higher education or a private institution of higher education; to allow public or private institutions of higher education to establish rules concerning the storage of pistols in dormitories or other residential facilities; to allow the president or other chief executive officer of a public institution of higher education to adopt reasonable rules regarding the carrying of concealed pistols by permit holders on the campus of the institution or on premises located on the campus of the institution with certain limitations; to allow a private institution of higher education to adopt rules prohibiting permit holders from carrying pistols on the campus of the institution, any grounds or building on which an activity sponsored by the institution is being conducted, or a passenger transportation vehicle owned by the institution; to provide immunity for public and private institutions of higher education from damages arising from action or inaction under the requirements of the amendment, with certain limitations; and to allow the Legislature to adopt criminal penalties for violations of the amendment by general law.

"Proposed by Act ________."

This description shall be followed by the following language:

"Yes ( ) No ( )."

Constitutional Amendments

Colleges and Universities

Firearms

Education