04/08/1999 01:20 PM House JUD

                                                                                                                                
                                                                                                                                
SENATE CSSB 77(JUD) - LIABILITY RELATING TO FIREARMS                                                                            
                                                                                                                                
TAPE 99-24, SIDE B                                                                                                              
Number 0055                                                                                                                     
                                                                                                                                
CHAIRMAN KOTT announced the next order of business is Senate CSSB
(JUD), "An Act prohibiting certain civil actions against firearms                                                             
or ammunition manufacturers and dealers."                                                                                       
                                                                                                                                
CHAIRMAN KOTT informed the committee that HB 103, the companion to                                                              
SB 77, passed out of the House Judiciary Standing Committee.  The                                                               
precedent is that the first legislation to pass to the other house                                                              
is the legislation to be used as the vehicle.  Chairman Kott noted                                                              
that he had requested that SB 77 be waived from committee, but the                                                              
committee objected due to amendments made to HB 103 that were felt                                                              
important to include in SB 77.                                                                                                  
                                                                                                                                
VICTOR GUNN, Legislative Administrative Assistant for Senator Pete                                                              
Kelly, Alaska State Legislature, noted that SB 77 is basically                                                                  
identical to HB 103.                                                                                                            
                                                                                                                                
SENATOR PETE KELLY, Sponsor of SB 77, Alaska State Legislature,                                                                 
informed the committee that currently there is a move by many                                                                   
municipalities to sue firearm manufacturers for the lawful use of                                                               
firearms.  With the recent success of the tobacco suits,                                                                        
municipalities have looked to other manufacturers of legal products                                                             
to help with the municipality's general fund.  He believed this was                                                             
being fueled by entrepreneurial lawyers spurred by the tobacco                                                                  
suits and anti-gun advocates who are unwilling to enter into the                                                                
political discourse regarding the Second Amendment.  Senator Kelly                                                              
explained that SB 77 would preclude lawsuits against firearm                                                                    
manufactures for the lawful use of firearms, but it does not remove                                                             
the ability for civil actions for negligent design, breech of                                                                   
contract or warranty.  Senator Kelly stated that he had no                                                                      
objections to the amendments made to HB 103.                                                                                    
                                                                                                                                
REPRESENTATIVE CROFT moved to adopt Amendment 1 which reads as                                                                  
follows:                                                                                                                        
                                                                                                                                
     Page 1, line 8                                                                                                             
          Delete "related to"                                                                                                   
          Insert "based on"                                                                                                     
                                                                                                                                
     Page 1, line 8                                                                                                             
          Delete "design, or marketing"                                                                                         
          Insert "or design"                                                                                                    
                                                                                                                                
     Page 1, line 10 after "design"                                                                                             
          Insert "a manufacturing defect,"                                                                                      
                                                                                                                                
There being no objection, Amendment 1 was adopted.                                                                              
                                                                                                                                
Number 0283                                                                                                                     
                                                                                                                                
REPRESENTATIVE GREEN moved to report HCS CSSB 77(JUD), as amended,                                                              
out of committee with individual recommendations and accompanying                                                               
zero fiscal note.  There being no objection, HCS CSSB 77(JUD) so                                                                
moved from the House Judiciary Standing Committee.