Introduced by Rep. Dean Takko (Longview) (D) on January 24, 2011
Eliminates liability of sport shooting ranges for noise or noise pollution when the range is in compliance with applicable noise ordinances. This act relieves liability for the range and any user as a public nuisance when the range is in compliance with related ordinances. This act prohibits any adjacent property owners from brining an action against a shooting range for nuisance when there has been no substantial change in use of the range since the purchase of the adjacent property. This act also prohibits regulating agencies from limiting noise levels at shooting ranges to a range lower than what occurs naturally in an outdoor atmosphere. This act takes effect immediately. Official Text and Analysis.
Referred to the House Judiciary Committee on January 24, 2011
Substitute offered in the House on January 30, 2012
The original bill provided immunity to operators and users of sport shooting ranges for any civil and criminal liabilities based on noise or noise pollution, including nuisance and injunctive actions, if the range was in compliance with noise control laws that were in effect when the range was built or first operated. The original bill also provided that such ranges are not subject to any state agency rule limiting outdoor noise levels and that ranges that conform to existing laws can continue operating despite subsequent non-compliance. The original bill contained an emergency clause.
Referred to the House Rules Committee on January 31, 2012
Amendment offered by Rep. Dean Takko (Longview) (D) on February 13, 2012
Strikes the provisions of the substitute bill, which provided sport shooting ranges with an affirmative defense to a nuisance action based on noise that the use of the range has not substantially changed since the plaintiff "came to the nuisance." Establishes protections for sport shooting ranges that operate in compliance with state and local noise control laws or ordinances that applied to the range on the later of the date of initial operation of the range, or January 1, 1980. Provides that a range must be classified as a conforming use if it operates in compliance with noise control laws or ordinances that applied to the range on the later of the date of initial operation of the range, or January 1, 1980. Provides that a local government is not prohibited from regulating the location and construction of a sport shooting range after the effective date of the act.
The amendment passed by voice vote in the House on February 13, 2012
Gives a sport shooting range that complies with certain requirements protection from liability for violations of noise control laws and noise-based nuisance actions, and requires that such a range be classified as a conforming use. Provides that users of sport shooting ranges assume the obvious risks of sport
shooting. Provides that local governments are not prohibited from regulating the location and construction of ranges after the effective date of the act.
Received in the Senate on February 15, 2012
Referred to the Senate Judiciary Committee on February 15, 2012
Referred to the House Rules Committee on March 8, 2012