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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 - 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
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