Amendment SA1-SB402

LRBa1244/3

RPN:cjs:jf

2005 - 2006 LEGISLATURE

SENATE AMENDMENT 1, TO 2005 SENATE BILL 402

November 1, 2005 - Offered by Committee on Judiciary, Corrections and Privacy.

SB402-SA1,1,1 At the locations indicated, amend the bill as follows:

SB402-SA1,1,3 1. Page 2, line 3: delete the material beginning with "Definition" and ending with "person" and substitute "Definitions. In this section:".

SB402-SA1,1,4 2. Page 2, line 4: delete that line and substitute:

SB402-SA1,1,6 "(a) "Claimant" means a person seeking damages or other relief for injury or harm to a person or property caused by".

SB402-SA1,1,7 3. Page 2, line 5: after that line insert:

SB402-SA1,1,10 "(b) "Relevant production period" means the time period during which the specific product that allegedly caused the claimant's injury or harm was manufactured, distributed, sold, or promoted.".

SB402-SA1,1,11 4. Page 3, line 7: delete that line and substitute:

SB402-SA1,1,12 "(a) That no other lawful process exists for the claimant to seek redress from".

SB402-SA1,2,1 5. Page 3, line 20: delete lines 20 to 24 and substitute:

SB402-SA1,2,5 "(dm) That the action names, as defendants, those manufacturers of a product who collectively, during the relevant production period, manufactured at least 80 percent of all products sold in this state that are chemically identical to the specific product that allegedly caused the claimant's injury or harm.".

SB402-SA1,2,6 6. Page 4, line 7: delete lines 7 and 8 and substitute:

SB402-SA1,2,8 "(bm) The claimant has not established that the relevant production period was less than 5 years.".

SB402-SA1,2,9 (End)