SESSION OF 2002

SUPPLEMENTAL NOTE ON

SUBSTITUTE FOR SENATE BILL NO. 116

As Amended by Senate Committee on Judiciary

Brief

       Sub. for SB 116 reserves to the state the exclusive right to bring civil suits against any firearms or ammunition manufacturer or federally licensed firearms or ammunition dealer on behalf of the state or any political subdivision.

       The ability of a political subdivision to bring a breach of contract, breach of implied or expressed warranty, or damage action because of injury to employees or agents of the political subdivision is not restricted by this bill.

       The provisions apply to any action brought on or after January 24, 2001, the date of the introduction of SB 116.

Background

       The bill was supported by representatives of the Kansas State Rifle Association, the Kansas Second Amendment Society, the National Rifle Association, the Kansas Sportsmen’s Alliance, the Hodgdon Powder Company of Overland Park and Herington, and others. Proponents said the bill would help protect lawful firearms and ammunition manufacturers from suits by those wishing to use the court system to change social policy.

       Opponents included the League of Kansas Municipalities, Safe State Kansas, the Kansas Trial Lawyers, Johnson County, the City of Wichita, National Council of Jewish Women of Greater Kansas City, Main Stream Coalition, and Others.

       The bill has no fiscal impact.