Bill Summary – FastDemocracy

67th Legislature                                                                                                  SB 278.1
                                                SENATE BILL NO. 278
    INTRODUCED BY G. HERTZ, M. BLASDEL, J. ELLSWORTH, S. FITZPATRICK, D. HOWARD, D. KARY, C.
                SMITH, G. VANCE, S. BERGLEE, S. GALLOWAY, W. GALT, C. KNUDSEN, S. VINTON
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   A BILL FOR AN ACT ENTITLED: “AN ACT GENERALLY REVISING LAWS RELATING TO LAWSUITS;
   CREATING LAWS RELATING TO ECONOMIC CONSUMPTION THAT IS DEDUCTED FROM DAMAGES IN
   A MALPRACTICE CLAIM; PROHIBITING A PERSON FROM INSTITUTING CERTAIN LAWSUITS IF THE
   PERSON WAS ENGAGED IN OR ENGAGING IN A FELONY OFFENSE; PROHIBITING CERTAIN
   GOVERNMENT LAWSUITS AGAINST FIREARM OR AMMUNITION MANUFACTURES; REVISING
   STATUTES OF LIMITATIONS FOR CERTAIN ACTIONS RELATING TO REAL PROPERTY AND CERTAIN
   LOCAL GOVERNMENT OFFICIALS; AMENDING SECTIONS 27-2-208 AND 27-2-209, MCA; AND
   PROVIDING AN APPLICABILITY DATE.”
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   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
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              NEW SECTION. Section 1.     Economic consumption to be deducted from award. If damages are
   awarded for a malpractice claim as defined in 25-9-411 for a deceased party's lost future earnings, the
   deceased party's economic consumption must be deducted from the award. Economic consumption is the part
   of the projected earnings that the deceased party would have spent on basic necessities and personal
   expenditures throughout the party's lifetime, but not including expenses necessary to care for dependents of the
   deceased party.
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              NEW SECTION. Section 2.     Prohibition on lawsuit -- criminal actions. A person who is harmed
   while attempting to engage in, engaging in, or fleeing after having engaged in conduct that is classified as a
   felony offense may not recover damages from a crime victim or other person that used reasonable self-defense
   to protect a crime victim.
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              NEW SECTION. Section 3.     Government entity -- prohibitions on lawsuits related to firearms or
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67th Legislature                                                                                                       SB 278.1
   manufacturers. (1) Except as provided in subsection (2), a government entity may not bring suit against a
   firearms or ammunition manufacturer, trade association, or seller for recovery of damages resulting from, or
   injunctive relief or abatement of a nuisance relating to, the lawful design, manufacture, marketing, or sale of
   firearms or ammunition to the public.
              (2)   Nothing in this section prohibits a government entity from bringing an action against a firearms or
   ammunition manufacturer, trade association, or seller for recovery of damages for:
              (a)   breach of contract or warranty as to firearms or ammunition purchased by a government entity;
              (b)   damage or harm to property owned or leased by the government entity caused by a defective
   firearm or ammunition; or
              (c)   personal injury or death, if the action arises from a government entity or an insurer for a
   government entity's claim for subrogation.
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              Section 4. Section 27-2-208, MCA, is amended to read:
              "27-2-208.    Actions for damages arising out of work on improvements to real property or land
   surveying. (1) Except as provided in 70-19-427(1) and subsections (2) and (3) of this section, an action to
   recover damages (other than an action upon any contract, obligation, or liability founded upon an instrument in
   writing) resulting from or arising out of the design, planning, supervision, inspection, construction, or
   observation of construction of any improvement to real property or resulting from or arising out of land
   surveying of real property may not be commenced more than 10 9 years after completion of the improvement or
   land surveying.
              (2)   Notwithstanding the provisions of subsection (1), an action for damages for an injury that occurred
   during the 10th ninth year after the completion of the improvement or land surveying may be commenced within
   1 year after the occurrence of the injury.
              (3)   The limitation prescribed by this section may not affect the responsibility of any owner, tenant, or
   person in actual possession and control of the improvement or real property that is surveyed at the time a right
   of action arises.
              (4)   As used in this section:
              (a)   "completion" means that degree of completion at which the owner can utilize the improvement for
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67th Legislature                                                                                                        SB 278.1
   the purpose for which it was intended or when a completion certificate is executed, whichever is earlier;
              (b)   "land surveying" means the practice of land surveying, as defined in 37-67-101.
              (5)   This section may not be construed as extending the period prescribed by the laws of this state for
   the bringing of any action."
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              Section 5. Section 27-2-209, MCA, is amended to read:
              "27-2-209.    Actions against local government or local government official. (1) The period
   prescribed for the commencement of an action against a sheriff, coroner, or constable upon a liability incurred
   by the doing of an act in that person's official capacity and in virtue of that person's office or by the omission of
   an official duty, including the nonpayment of money collected upon an execution, is within 3 2 years, except that
   this subsection does not apply to an action for an escape.
              (2)   The period prescribed for the commencement of an action against a sheriff or other officer for the
   escape of a prisoner arrested or imprisoned on civil process is within 1 year.
              (3)   Actions for claims against a county that have been rejected by the county commissioners must be
   commenced within 6 months after the first rejection.
              (4)   The period prescribed for the commencement of an action against a municipality for damages or
   injuries to property caused by a mob or riot is within 1 year.
              (5)   The period prescribed for the commencement of an action against a municipality arising from a
   decision of the municipality relating to a land use, construction, or development project is 6 months from the
   date of the written decision."
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              NEW SECTION. Section 6.          Codification instruction. (1) [Section 1] is intended to be codified as an
   integral part of Title 25, chapter 9, part 4, and the provisions of Title 25, chapter 9, part 4, apply to [section 1].
              (2)   [Section 2] is intended to be codified as an integral part of Title 27, and the provisions of Title 27
   apply to [section 2].
              (3)   [Section 3] is intended to be codified as an integral part of Title 2, chapter 9, and the provisions of
   Title 2, chapter 9, apply to [section 3].
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67th Legislature                                                                                                      SB 278.1
              NEW SECTION. Section 7.      Applicability. [This act] applies to civil actions filed on or after [the
   effective date of this act]. This act does not apply to any claim or cause of action that accrued prior to [the
   effective date of this act].
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Statutes affected: 
SB0278_1.pdf: 27-2-208, 27-2-209
SB0278_2.pdf: 15-31-102, 27-2-208, 27-2-209
SB0278_3.pdf: 15-31-102, 25-10-101, 27-2-208, 27-2-209, 33-18-242
SB0278_X.pdf: 15-31-102, 25-10-101, 27-2-208, 27-2-209, 33-18-242
Amended: 15-31-102, 25-10-101, 27-2-208, 27-2-209, 33-18-242
Introduced: 27-2-208, 27-2-209