Introduced Version
HOUSE BILL No. 1722
_____
DIGEST OF INTRODUCED BILL
Citations Affected:
IC 4-1-9
;
IC 36-1-3-8.5
Synopsis: Lawsuits involving legal products. Prohibits the state or a
municipal corporation, including a county, municipality, township,
school corporation, or any other separate local governmental entity that
may sue and be sued, from bringing an action against a person who
legally designs, manufactures, markets, or sells a product for: (1)
recovery of damages resulting from, or injunctive relief or abatement
of a nuisance relating to, the lawful design, manufacture, marketing, or
sale of the product; or (2) recovery of damages resulting from the
criminal or unlawful misuse of the product by a third party.
Effective: Upon passage.
Buck
January 17, 2001, read first time and referred to Committee on Agriculture, Natural
Resources and Rural Development.
Introduced
First Regular Session 112th General Assembly (2001)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in
this style type, and deletions will appear in
this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in
this style type. Also, the
word
NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in
this style type or
this style type reconciles conflicts
between statutes enacted by the 2000 General Assembly.
HOUSE BILL No. 1722
A BILL FOR AN ACT to amend the Indiana Code concerning state
offices and administration and local government.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 4-1-9; (01)IN1722.1.1. -->
SECTION 1.
IC 4-1-9
IS ADDED TO THE INDIANA CODE AS
A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE UPON
PASSAGE]:
Chapter 9. Lawsuits Involving Legal Products
Sec. 1. As used in this chapter, "person" means an individual, a
corporation, a limited liability company, a partnership, or another
legal entity.
Sec. 2. Except as provided in sections 3 and 4 of this chapter, the
state may not bring an action against a person who legally designs,
manufactures, markets, or sells a product for:
(1) recovery of damages resulting from, or injunctive relief or
abatement of a nuisance relating to, the lawful:
(A) design;
(B) manufacture;
(C) marketing; or
(D) sale;
of the product; or
(2) recovery of damages resulting from the criminal or
unlawful misuse of the product by a third party.
Sec. 3. (a) The state may bring an action described in section 2
of this chapter if the action is approved in advance by the general
assembly:
(1) in a concurrent resolution; or
(2) by enactment of a law.
(b) This section does not create a cause of action.
Sec. 4. Nothing in this chapter may be construed to prohibit the
state from bringing an action against a person who designs,
manufactures, markets, or sells a product for recovery of damages
for the following:
(1) Breach of contract or warranty concerning a product
purchased by the state.
(2) Damage or harm to property owned or leased by the state
caused by a defective product.
(3) Injunctive relief to enforce a valid statute, rule, or
ordinance.
SOURCE: IC 36-1-3-8.5; (01)IN1722.1.2. -->
SECTION 2.
IC 36-1-3-8.5
IS ADDED TO THE INDIANA CODE
AS A
NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]:
Sec. 8.5. (a) As used in this section, "person"
means an individual, a corporation, a limited liability company, a
partnership, or another legal entity.
(b) Except as provided in subsections (c) and (d), a municipal
corporation may not bring an action against a person who legally
designs, manufactures, markets, or sells a product for:
(1) recovery of damages resulting from, or injunctive relief or
abatement of a nuisance relating to, the lawful:
(A) design;
(B) manufacture;
(C) marketing; or
(D) sale;
of the product; or
(2) recovery of damages resulting from the criminal or
unlawful misuse of the product by a third party.
(c) A municipal corporation may bring an action described in
subsection (b) if the action is approved in advance by the general
assembly:
(1) in a concurrent resolution; or
(2) by enactment of a law.
This subsection does not create a cause of action.
(d) Nothing in this section may be construed to prohibit a
municipal corporation from bringing an action against a person
who designs, manufactures, markets, or sells a product for
recovery of damages for the following:
(1) Breach of contract or warranty concerning a product
purchased by the municipal corporation.
(2) Damage or harm to property owned or leased by the
municipal corporation caused by a defective product.
(3) Injunctive relief to enforce a valid statute, rule, or
ordinance.
SOURCE: ; (01)IN1722.1.3. -->
SECTION 3. [EFFECTIVE UPON PASSAGE]
IC 4-1-9
and
IC 36-1-3-8.5
, both as added by this act, apply only to actions
commenced after the effective date of this act.
SOURCE: ; (01)IN1722.1.4. -->
SECTION 4.
An emergency is declared for this act.