Vetoed by Governor Brad Henry

Vote Smart's Synopsis:

Vote to concur with House amendments and pass a bill that changes tort regulations.

Highlights:

-Amends existing code so that summons for court must be served within 120 days rather than in 180 days (Sec.8). -Exempts the state or political subdivisions from liability in cases where loss or claim results from “[t]he use of necessary and reasonable force” to control or discipline a student at a school function and actions taken in good faith by school employee (Sec.34). -Requires that all tort cases must be brought within eight years of the incident (Sec.35). -Removes the exception in the Senate version for a volunteer providing transportation services for a charitable organization or not-for-profit corporation so that he or she is not liable for injuries that result “from the operation of a motor vehicle, watercraft” (Sec.37). -Declares that neither the manufacturer, retailer, nor distributor is responsible for injuries that arise as a result of unlawful use of firearms unless the sale or transfer was unlawful or they had knowledge that the recipient would use the firearm for unlawful purposes (Sec. 43-46).

Full Bill Text

Vote Smart's Synopsis:

Vote to pass a bill that changes tort regulations.

Highlights:

-Amends existing code so that summons for court must be served within 120 days rather than in 180 days (Sec.8). -Exempts the state or political subdivisions from liability in cases where loss or claim results from “[t]he use of necessary and reasonable force” to control or discipline a student at a school function and actions taken in good faith by school employee (Sec.34). -Requires that all tort cases must be brought within eight years of the incident (Sec.35). -Removes the exception in the Senate version for a volunteer providing transportation services for a charitable organization or not-for-profit corporation so that he or she is not liable for injuries that result “from the operation of a motor vehicle, watercraft” (Sec.37). -Declares that neither the manufacturer, retailer, nor distributor is responsible for injuries that arise as a result of unlawful use of firearms unless the sale or transfer was unlawful or they had knowledge that the recipient would use the firearm for unlawful purposes (Sec. 43-46).

Full Bill Text

Vote Smart's Synopsis:

Vote to pass a bill that changes tort liability laws for injuries that result from firearms use and transportation services operated by charitable organizations.

Highlights:

-Limits the liability of a volunteer providing transportation services for a charitable organization or not-for-profit corporation so that he or she is not liable for injuries that result “from the operation of a motor vehicle, watercraft, or aircraft” (Sec. 1). -States that lawful manufacturers and dealers are not liable for any injury caused by the use of a firearm sold to and used by another person (Sec. 3). -States that the exemption from liability of firearm manufacturers, distributors, sellers, and collectors does not apply in cases of “deceit, breach of contract, expressed or implied warranties, or for injuries resulting from failure of firearms to operate in a normal or usual manner due to defects or negligence in design or manufacture” (Sec. 5). -States that new sections do not apply to unlawful transfers of firearms or transfers where the seller knew the firearm would be used improperly or unlawfully (Sec. 5).

Full Bill Text