SENATE AMENDMENT
Bill No. SB 412 Barcode 100550
Amendment No. ___
CHAMBER ACTION
Senate House
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11 Senator Bronson moved the following amendment:
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13 Senate Amendment (with title amendment)
14 On page 4, between lines 4 and 5,
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17 Section 2. (1) Except as permitted by this section, a
18 legal action against a manufacturer, trade association,
19 distributor, or dealer on behalf of the state or its agencies
20 and instrumentalities, or on behalf of a county, municipality,
21 special district, or any other political subdivision or agency
22 of the state, for damages, abatement, or injunctive relief
23 resulting from or arising out of the lawful design, marketing,
24 distribution, or sale of a lawful product to the public is
25 prohibited. However, this prohibition does not infringe upon
26 the right of a natural person to sue a manufacturer, trade
27 association, distributor, or dealer in any other capacity.
28 (2) A county, municipality, special district, or other
29 political subdivision or agency of the state may not sue for
30 or recover from a manufacturer, trade association,
31 distributor, or dealer damages, abatement, or injunctive
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SENATE AMENDMENT
Bill No. SB 412 Barcode 100550
Amendment No. ___
1 relief in any case that arises out of or results from the
2 lawful design, marketing, distribution, or sale of a lawful
3 product to the public.
4 (3) This section does not prohibit an action against a
5 manufacturer, distributor, or dealer for:
6 (a) Breach of contract or warranty in connection with
7 a product purchased by a county, municipality, special
8 district, or other political subdivision or agency of the
9 state.
10 (b) Injuries resulting from a defective product.
11 (4)(a) If a civil action is brought in violation of
12 this section, the defendant may recover all expenses resulting
13 from such action from the governmental entity bringing such
14 action.
15 (b) In any civil action where the court finds that the
16 defendant is immune as provided in this section, the court
17 shall award the defendant all attorney's fees, costs and
18 compensation for loss of income, and expenses incurred as a
19 result of such action.
20 (5) This section applies to any action brought on or
21 after the effective date of this section.
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23 (Redesignate subsequent sections.)
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27 And the title is amended as follows:
28 On page 1, line 25, after the semicolon
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30 insert:
31 prohibiting a legal action on behalf of the
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SENATE AMENDMENT
Bill No. SB 412 Barcode 100550
Amendment No. ___
1 state or other political subdivisions against a
2 manufacturer, trade association, distributor,
3 or dealer for damages arising out of the
4 marketing or sale of a lawful product;
5 providing for actions for breach of contract or
6 warranty; providing for actions for injuries
7 resulting from a defective product; providing
8 for an award of attorney's fees and
9 compensation for loss of income if the court
10 finds the defendant is immune as provided by
11 the act; providing for application of the act;
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