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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
H0663|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature Second Regular Session - 2000IN 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 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