Indiana 2024 Regular Session

Indiana House Bill HB1235 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	EH1235.1
	2	+	February 23, 2024
	3	+	ENGROSSED
	4	+	HOUSE BILL No. 1235
	5	+	_____
	6	+	DIGEST OF HB 1235 (Updated February 20, 2024 4:52 pm - DI 106)
	7	+	Citations Affected: IC 34-6; IC 34-12.
	8	+	Synopsis: Prohibited causes of action concerning firearms. Provides
	9	+	that only the state of Indiana may bring or maintain an action by or on
	10	+	behalf of a political subdivision against a firearm or ammunition
	11	+	manufacturer, trade association, seller, or dealer, concerning certain
	12	+	matters. Prohibits a political subdivision from otherwise independently
	13	+	bringing or maintaining such an action. Specifies exceptions.
	14	+	Effective: Upon passage; July 1, 2024.
	15	+	Jeter, Manning, Davis, Torr
	16	+	(SENATE SPONSORS — FREEMA N, TOMES, DORIOT, BOHACEK)
	17	+	January 9, 2024, read first time and referred to Committee on Judiciary.
	18	+	January 18, 2024, reported — Do Pass.
	19	+	January 22, 2024, read second time, ordered engrossed. Engrossed.
	20	+	January 23, 2024, read third time, passed. Yeas 68, nays 27.
	21	+	SENATE ACTION
	22	+	February 12, 2024, read first time and referred to Committee on Corrections and Criminal
	23	+	Law.
	24	+	February 22, 2024, amended, reported favorably — Do Pass.
	25	+	EH 1235—LS 6990/DI 144 February 23, 2024
1	26		Second Regular Session of the 123rd General Assembly (2024)
2	27		PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
3	28		Constitution) is being amended, the text of the existing provision will appear in this style type,
4	29		additions will appear in this style type, and deletions will appear in this style type.
5	30		Additions: Whenever a new statutory provision is being enacted (or a new constitutional
6	31		provision adopted), the text of the new provision will appear in this style type. Also, the
7	32		word NEW will appear in that style type in the introductory clause of each SECTION that adds
8	33		a new provision to the Indiana Code or the Indiana Constitution.
9	34		Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
10	35		between statutes enacted by the 2023 Regular Session of the General Assembly.
11		-	HOUSE ENROLLED ACT No. 1235
12		-	AN ACT to amend the Indiana Code concerning civil procedure.
	36	+	ENGROSSED
	37	+	HOUSE BILL No. 1235
	38	+	A BILL FOR AN ACT to amend the Indiana Code concerning civil
	39	+	procedure.
13	40		Be it enacted by the General Assembly of the State of Indiana:
14		-	SECTION 1. IC 34-6-2-110, AS AMENDED BY P.L.2-2007,
15		-	SECTION 371, IS AMENDED TO READ AS FOLLOWS
16		-	[EFFECTIVE JULY 1, 2024]: Sec. 110. "Political subdivision", for
17		-	purposes of IC 34-12-3.5 and IC 34-13-3, means a:
18		-	(1) county;
19		-	(2) township;
20		-	(3) city;
21		-	(4) town;
22		-	(5) separate municipal corporation;
23		-	(6) special taxing district;
24		-	(7) state educational institution;
25		-	(8) city or county hospital;
26		-	(9) school corporation;
27		-	(10) board or commission of one (1) of the entities listed in
28		-	subdivisions (1) through (9);
29		-	(11) drug enforcement task force operated jointly by political
30		-	subdivisions;
31		-	(12) community correctional service program organized under
32		-	IC 12-12-1; or
33		-	(13) solid waste management district established under IC 13-21
34		-	or IC 13-9.5-2 (before its repeal).
35		-	SECTION 2. IC 34-12-3.5 IS ADDED TO THE INDIANA CODE
36		-	HEA 1235 — Concur 2
37		-	AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
38		-	UPON PASSAGE]:
39		-	Chapter 3.5. Legal Actions by a Political Subdivision Against a
40		-	Firearm or Ammunition Manufacturer, Trade Association, Seller,
41		-	or Dealer
42		-	Sec. 1. This chapter applies to an action or suit filed by a
43		-	political subdivision before, after, or on August 27, 1999.
44		-	Sec. 2. The following definitions apply throughout this chapter:
45		-	(1) "Ammunition" has the meaning set forth in
46		-	IC 35-47-1-2.5.
47		-	(2) "Firearm" has the meaning set forth in 18 U.S.C.
48		-	921(a)(3).
49		-	(3) "Political subdivision" has the meaning set forth in
50		-	IC 34-6-2-110.
51		-	(4) "Trade association" means a corporation, unincorporated
52		-	association, federation, business league, professional
53		-	organization, or business organization that meets all of the
54		-	following requirements:
55		-	(A) The entity is not organized or operated for profit.
56		-	(B) No part of the net earnings of the entity inures to the
57		-	benefit of a private shareholder or individual.
58		-	(C) The entity is an organization:
59		-	(i) described in 26 U.S.C. 501(c)(6); and
60		-	(ii) exempt from taxation under 26 U.S.C. 501(a).
61		-	(D) Two (2) or more members of the entity are
62		-	manufacturers or dealers in firearms or ammunition.
63		-	Sec. 3. (a) Notwithstanding IC 34-12-3 or any other law, only the
64		-	state of Indiana may bring or maintain an action by or on behalf
65		-	of a political subdivision against a firearm or ammunition
66		-	manufacturer, trade association, seller, or dealer, concerning the:
67		-	(1) design;
68		-	(2) manufacture;
69		-	(3) import;
70		-	(4) export;
71		-	(5) distribution;
72		-	(6) advertising;
73		-	(7) marketing;
74		-	(8) sale; or
75		-	(9) criminal, unlawful, or unintentional use;
76		-	of a firearm, ammunition, or a component part of a firearm or
77		-	ammunition.
78		-	(b) Except as provided in subsection (c), notwithstanding
79		-	HEA 1235 — Concur 3
80		-	IC 34-12-3 or any other law, a political subdivision may not
81		-	independently bring or maintain an action described in subsection
82		-	(a).
83		-	(c) This section does not prohibit a political subdivision from
	41	+	1 SECTION 1. IC 34-6-2-110, AS AMENDED BY P.L.2-2007,
	42	+	2 SECTION 371, IS AMENDED TO READ AS FOLLOWS
	43	+	3 [EFFECTIVE JULY 1, 2024]: Sec. 110. "Political subdivision", for
	44	+	4 purposes of IC 34-12-3.5 and IC 34-13-3, means a:
	45	+	5 (1) county;
	46	+	6 (2) township;
	47	+	7 (3) city;
	48	+	8 (4) town;
	49	+	9 (5) separate municipal corporation;
	50	+	10 (6) special taxing district;
	51	+	11 (7) state educational institution;
	52	+	12 (8) city or county hospital;
	53	+	13 (9) school corporation;
	54	+	14 (10) board or commission of one (1) of the entities listed in
	55	+	15 subdivisions (1) through (9);
	56	+	16 (11) drug enforcement task force operated jointly by political
	57	+	17 subdivisions;
	58	+	EH 1235—LS 6990/DI 144 2
	59	+	1 (12) community correctional service program organized under
	60	+	2 IC 12-12-1; or
	61	+	3 (13) solid waste management district established under IC 13-21
	62	+	4 or IC 13-9.5-2 (before its repeal).
	63	+	5 SECTION 2. IC 34-12-3.5 IS ADDED TO THE INDIANA CODE
	64	+	6 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
	65	+	7 UPON PASSAGE]:
	66	+	8 Chapter 3.5. Legal Actions by a Political Subdivision Against a
	67	+	9 Firearm or Ammunition Manufacturer, Trade Association, Seller,
	68	+	10 or Dealer
	69	+	11 Sec. 1. This chapter applies to an action or suit filed by a
	70	+	12 political subdivision before, after, or on August 27, 1999.
	71	+	13 Sec. 2. The following definitions apply throughout this chapter:
	72	+	14 (1) "Ammunition" has the meaning set forth in
	73	+	15 IC 35-47-1-2.5.
	74	+	16 (2) "Firearm" has the meaning set forth in 18 U.S.C.
	75	+	17 921(a)(3).
	76	+	18 (3) "Political subdivision" has the meaning set forth in
	77	+	19 IC 34-6-2-110.
	78	+	20 (4) "Trade association" means a corporation, unincorporated
	79	+	21 association, federation, business league, professional
	80	+	22 organization, or business organization that meets all of the
	81	+	23 following requirements:
	82	+	24 (A) The entity is not organized or operated for profit.
	83	+	25 (B) No part of the net earnings of the entity inures to the
	84	+	26 benefit of a private shareholder or individual.
	85	+	27 (C) The entity is an organization:
	86	+	28 (i) described in 26 U.S.C. 501(c)(6); and
	87	+	29 (ii) exempt from taxation under 26 U.S.C. 501(a).
	88	+	30 (D) Two (2) or more members of the entity are
	89	+	31 manufacturers or dealers in firearms or ammunition.
	90	+	32 Sec. 3. (a) Notwithstanding IC 34-12-3 or any other law, only the
	91	+	33 state of Indiana may bring or maintain an action by or on behalf
	92	+	34 of a political subdivision against a firearm or ammunition
	93	+	35 manufacturer, trade association, seller, or dealer, concerning the:
	94	+	36 (1) design;
	95	+	37 (2) manufacture;
	96	+	38 (3) import;
	97	+	39 (4) export;
	98	+	40 (5) distribution;
	99	+	41 (6) advertising;
	100	+	42 (7) marketing;
	101	+	EH 1235—LS 6990/DI 144 3
	102	+	1 (8) sale; or
	103	+	2 (9) criminal, unlawful, or unintentional use;
	104	+	3 of a firearm, ammunition, or a component part of a firearm or
	105	+	4 ammunition.
	106	+	5 (b) Except as provided in subsection (c), notwithstanding
	107	+	6 IC 34-12-3 or any other law, a political subdivision may not
	108	+	7 independently bring or maintain an action described in subsection
	109	+	8 (a).
	110	+	9 (c) This section does not prohibit a political subdivision from
	111	+	10 bringing an action against a firearm or ammunition manufacturer,
	112	+	11 seller, or dealer:
	113	+	12 (1) alleging the breach of a contract or warranty as it relates
	114	+	13 to a firearm or ammunition purchased by the political
	115	+	14 subdivision; or
	116	+	15 (2) to enforce a generally applicable zoning or business
	117	+	16 ordinance that applies to a firearm or ammunition
	118	+	17 manufacturer, seller, or dealer to the same degree as other
	119	+	18 similar businesses.
	120	+	19 SECTION 3. An emergency is declared for this act.
	121	+	EH 1235—LS 6990/DI 144 4
	122	+	COMMITTEE REPORT
	123	+	Mr. Speaker: Your Committee on Judiciary, to which was referred
	124	+	House Bill 1235, has had the same under consideration and begs leave
	125	+	to report the same back to the House with the recommendation that said
	126	+	bill do pass.
	127	+	(Reference is to HB 1235 as introduced.)
	128	+	JETER
	129	+	Committee Vote: Yeas 8, Nays 2
	130	+	_____
	131	+	COMMITTEE REPORT
	132	+	Madam President: The Senate Committee on Corrections and
	133	+	Criminal Law, to which was referred House Bill No. 1235, has had the
	134	+	same under consideration and begs leave to report the same back to the
	135	+	Senate with the recommendation that said bill be AMENDED as
	136	+	follows:
	137	+	Page 3, delete lines 9 through 13, begin a new paragraph and insert:
	138	+	"(c) This section does not prohibit a political subdivision from
84	139		bringing an action against a firearm or ammunition manufacturer,
85	140		seller, or dealer:
86	141		(1) alleging the breach of a contract or warranty as it relates
87	142		to a firearm or ammunition purchased by the political
88	143		subdivision; or
89	144		(2) to enforce a generally applicable zoning or business
90	145		ordinance that applies to a firearm or ammunition
91	146		manufacturer, seller, or dealer to the same degree as other
92		-	similar businesses.
93		-	SECTION 3. An emergency is declared for this act.
94		-	HEA 1235 — Concur Speaker of the House of Representatives
95		-	President of the Senate
96		-	President Pro Tempore
97		-	Governor of the State of Indiana
98		-	Date: Time:
99		-	HEA 1235 — Concur
	147	+	similar businesses.".
	148	+	and when so amended that said bill do pass.
	149	+	(Reference is to HB 1235 as printed January 18, 2024.)
	150	+	FREEMAN, Chairperson
	151	+	Committee Vote: Yeas 5, Nays 3.
	152	+	EH 1235—LS 6990/DI 144