2000 Legislation
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HOUSE BILL NO. 663 – Firearms/ammo manuf, lawsuits

HOUSE BILL NO. 663

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Daily Data Tracking History



H0663................................by JUDICIARY, RULES AND ADMINISTRATION
FIREARMS/AMMUNITION MANUFACTURERS - Adds to existing law to provide that a
governmental unit may not bring suit against a firearms or ammunition
manufacturer, trade association or seller for recovery of damages resulting
from or injunctive relief or abatement of a nuisance relating to the lawful
design, manufacture, marketing or sale of firearms or ammunition to the
public; to allow suit after legislative authorization; and to provide when
suits are authorized and to allow the Attorney General to bring suit under
certain circumstances.
                                                                        
02/22    House intro - 1st rdg - to printing
02/23    Rpt prt - to Jud
03/08    Rpt out - rec d/p - to 2nd rdg
03/09    2nd rdg - to 3rd rdg
03/14    3rd rdg - PASSED - 65-3-2
      AYES -- Alltus, Barraclough, Barrett, Bell, Black, Boe, Bruneel,
      Callister, Campbell, Chase, Cheirrett, Clark, Crow, Cuddy, Deal,
      Denney, Ellsworth, Field(13), Field(20), Gagner, Geddes, Gould,
      Hadley, Hammond, Hansen(23), Hansen(29), Hornbeck, Jaquet, Judd,
      Kellogg, Kempton, Kendell, Kunz, Lake, Linford, Loertscher, Mader,
      Marley, Meyer, Montgomery, Mortensen, Moss, Moyle, Pearce, Pischner,
      Pomeroy, Reynolds, Ridinger, Ringo, Sali, Schaefer, Sellman,
      Shepherd, Smith, Smylie, Stevenson, Stoicheff, Stone, Taylor, Tilman,
      Trail, Wheeler, Wood, Zimmermann, Mr Speaker
      NAYS -- Bieter, Henbest, Robison
      Absent and excused -- Jones, McKague
    Floor Sponsor - Mader
    Title apvd - to Senate
03/15    Senate intro - 1st rdg - to Jud
03/21    Rpt out - rec d/p - to 2nd rdg
03/22    2nd rdg - to 3rd rdg
04/03    3rd rdg - PASSED - 34-1-0
      AYES--Andreason, Boatright, Bunderson, Burtenshaw, Cameron, Crow,
      Danielson, Darrington, Davis, Deide, Frasure, Geddes, Hawkins,
      Ingram, Ipsen, Keough, King-Barrutia, Lee, McLaughlin, Noh, Parry,
      Richardson, Riggs, Risch, Sandy, Schroeder, Sorensen, Stegner,
      Stennett, Thorne, Walton, Wheeler, Whitworth, Williams
      NAYS--Dunklin
      Absent and excused--None
    Floor Sponsors - Boatright, Darrington
    Title apvd - to House
04/04    To enrol - rpt enrol - Sp signed
04/05    Pres signed - to Governor
04/17    Governor signed
         Session Law Chapter 470
         Effective: 04/17/00

Bill Text


 H0663
                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-fifth Legislature                  Second Regular Session - 2000
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 663
                                                                        
                      BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO CERTAIN SUITS AGAINST FIREARMS OR AMMUNITION MANUFACTURERS,  TRADE
  3        ASSOCIATIONS  OR  SELLERS; AMENDING CHAPTER 2, TITLE 5, IDAHO CODE, BY THE
  4        ADDITION OF A NEW SECTION 5-247, IDAHO CODE, TO DEFINE A TERM, TO  PROVIDE
  5        THAT  A GOVERNMENTAL UNIT MAY NOT BRING SUIT AGAINST A FIREARMS OR AMMUNI-
  6        TION MANUFACTURER, TRADE ASSOCIATION OR SELLER  FOR  RECOVERY  OF  DAMAGES
  7        RESULTING FROM OR INJUNCTIVE RELIEF OR ABATEMENT OF A NUISANCE RELATING TO
  8        THE  LAWFUL  DESIGN, MANUFACTURE, MARKETING OR SALE OF FIREARMS OR AMMUNI-
  9        TION TO THE PUBLIC, TO ALLOW SUIT AFTER LEGISLATIVE AUTHORIZATION  AND  TO
 10        PROVIDE  WHEN  SUITS  ARE  AUTHORIZED AND TO ALLOW THE ATTORNEY GENERAL TO
 11        BRING SUIT UNDER CERTAIN CIRCUMSTANCES; AND DECLARING AN EMERGENCY.
                                                                        
 12    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 13        SECTION 1.  That Chapter 2, Title 5, Idaho  Code,  be,  and  the  same  is
 14    hereby  amended by the addition thereto of a NEW SECTION, to be known and des-
 15    ignated as Section 5-247, Idaho Code, and to read as follows:
                                                                        
 16        5-247.  LIMITATION ON SUITS AGAINST A FIREARMS OR AMMUNITION MANUFACTURER,
 17    TRADE ASSOCIATION OR SELLER -- LIMITATION ON RIGHT TO BRING  SUIT  OR  RECOVER
 18    DAMAGES. (1) In this section, "governmental unit" means:
 19        (a)  A  political  subdivision  of  the state, including a municipality or
 20        county; and
 21        (b)  Any other agency of government whose authority is  derived  from  the
 22        laws or constitution of this state.
 23        (2)  Except  as provided by subsection (3) of this section, a governmental
 24    unit may not bring suit against a firearms or ammunition  manufacturer,  trade
 25    association  or  seller  for recovery of damages resulting from, or injunctive
 26    relief or abatement of a nuisance relating to, the lawful design, manufacture,
 27    marketing or sale of firearms or ammunition to the public.
 28        (3)  A governmental unit on behalf of the state or any other  governmental
 29    unit  may bring a suit described by subsection (2) of this section if the suit
 30    is approved in advance by the legislature by adoption of a concurrent  resolu-
 31    tion  or by enactment of a statute. This subsection does not create a cause of
 32    action.
 33        (4)  Nothing in this section  shall  prohibit  a  governmental  unit  from
 34    bringing  an  action  against  a  firearms  manufacturer, trade association or
 35    seller for recovery of damages for:
 36        (a)  Breach of contract or warranty as to firearms or ammunition purchased
 37        by a governmental unit;
 38        (b)  Damage or harm to property owned or leased by the  governmental  unit
 39        caused by a defective firearm or ammunition; or
 40        (c)  Injunctive relief to enforce a valid ordinance, statute or rule.
 41        (5)  Nothing  in  this  section  shall  prohibit the attorney general from
 42    bringing a suit described by subsection (2) of this section on behalf  of  the
 43    state  or any other governmental unit. This subsection does not create a cause
                                                                        
                                           2
                                                                        
  1    of action.
                                                                        
  2        SECTION 2.  An emergency existing  therefor,  which  emergency  is  hereby
  3    declared to exist, this act shall be in full force and effect on and after its
  4    passage and approval.

Statement of Purpose / Fiscal Impact


     
     
                 STATEMENT OF PURPOSE
                       RS 10081 
     
     The purpose of this legislation is to prohibit lawsuits against gun manufacturers
     for the unlawful use of properly designed and manufactured products.
     
     
      
                    FISCAL IMPACT
     
     There will be no fiscal impact. 
     
     
     
     
     
     
     
     
                                        Contact                              Primary-Sponsor: Rep. Dan Mader 
                                        Name: Rep. Dan Mader                 Co-Sponsor: Rep. Cameron Wheeler
                                                  Phone: 208-332-1000                                     Rep. John Campbell 
     
     
     
                                        STATEMENT OF PURPOSE/FISCAL NOTE                           H 663