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H.J. No. 1003 |
Noneconomic damages-constitutional amendment. |
Sponsored By: Joint Judiciary Interim Committee and Joint Labor, Health and Social Services Interim Committee
A JOINT RESOLUTION proposing to amend the Wyoming Constitution to modify the prohibition against the legislature limiting the amount of damages that may be recovered for causing personal injury or death of any person.
7/06/2004 Bill Number Assigned
7/12/2004 H Received for Introduction
7/12/2004 H Introduced and Referred to HCW
7/12/2004 H Placed on General File
HJ1003HW001/FAILED
Page 2-line 17 After "injury" insert ", if the health care provider is participating in a risk retention, insurance pool or similar program providing for payment of damages, which is administered or operated by the state.".
Page 4-line 7 After "provider." insert "The limitation could apply only if the health care provider were participating in a state administered or operated insurance type entity.". ROBINSON
HJ1003HW002/FAILED (CORRECTED COPY)
Page 2-line 5 After "(a)" insert "Except as otherwise provided for in this constitution,".
Page 2-line 11 Delete "a health care provider's" insert "an"; delete "in".
Page 2-line 12 Delete the line through "care".
Page 2-line 15 Delete "from the".
Page 2-line 16 Delete the line through "provider".
Page 4-line 6 After "death" insert "." and delete balance of the line.
Page 4-line 7 Delete.
Page 4-line 17 After "Constitution" delete balance of the line.
Page 4-lines 18 through 21 Delete entirely and insert "with the lettering of the subsection (b) as appearing in this Resolution being relettered as subsection (c) and subsection (c) as appearing in each Resolution being relettered as subsection (d).". BAKER
HJ1003HW003.01/ADOPTED (CORRECTED COPY)
Page 1-line 5 After "person" insert "; defining "health care provider" for purposes of article 10, section 4".
Page 2-line 17 After "injury" insert ", provided the legislature shall not limit the noneconomic damages recoverable by a person against any one (1) health care provider for any single occurrence to an amount less than five hundred thousand dollars ($500,000.00).".
Page 3-After line 23 Insert:
"(d) For purposes of this section, "health care provider" shall be as defined by the legislature.".
Page 4-line 5 After "damages" insert ", such as pain and suffering and loss of enjoyment of life,".
Page 4-line 7 After "." insert "If the legislature establishes any limitation, it would be required to set the limit at five hundred thousand dollars ($500,000.00) or some greater amount for all claims by one (1) person against one (1) health care provider which resulted from a single occurrence. The amendment would also allow the legislature to define "health care provider" which could include physicians, hospitals or other persons licensed or otherwise authorized in this or another state to furnish to any individual medical or dental care, vision care or hospitalization incident to the furnishing of that care or hospitalization for the purpose of preventing, alleviating, curing or healing human illness, injury or physical disability.". SIMPSON, NICHOLAS, ROSS
HJ1003HW003.02/FAILED (CORRECTED COPY)
Page 2-After line 17 Insert:
"(A) Resulting from gross negligence or a felonious act; or".
Page 4-line 7 Delete "." insert "unless the health care provider's act or omission that caused the injury or death was a result of gross negligence or a felonious act.". SIMPSON, NICHOLAS, ROSS
7/12/2004 H Passed CoW
HJ1003H2001.01/ADOPTED (CORRECTED COPY)
Page 2-line 17 Delete the Simpson et al., committee of the whole amendment (HJ1003HW003.01/AC) to this line. CHILDERS, LANDON
HJ1003H2001.02/FAILED (CORRECTED COPY)
Page 2-line 12 After "," insert "by a two-thirds (2/3) vote of all the members of each of the two (2) houses voting separately,".
Page 4-line 7 Delete the Simpson et al., committee of the whole amendment (HJ1003HW003.01/AC) to this line. After "." insert "It would require a two-thirds (2/3) vote of the legislature to establish or change any limitation on noneconomic damages. The amendment would also allow the legislature to define "health care provider" which could include physicians, hospitals or other persons licensed or otherwise authorized in this or another state to furnish to any individual medical or dental care, vision care or hospitalization incident to the furnishing of that care or hospitalization for the purpose of preventing, alleviating, curing or healing human illness, injury or physical disability.". CHILDERS, LANDON
7/13/2004 H Passed 2nd Reading
HJ1003H3001/ADOPTED
Page 1-line 5 In the Simpson et. al., committee of the whole amendment (HJ1003HW003.01/AC) to this line, delete "defining" insert "providing for the definition of".
Page 4-line 7 Delete the Simpson et. al., committee of the whole amendment (HJ1003HW003.01/AC) to this line; after "." insert "The amendment would also allow the legislature to define "health care provider" which could include physicians, hospitals or other persons licensed or otherwise authorized in this or another state to furnish to any individual medical or dental care, vision care or hospitalization incident to the furnishing of that care or hospitalization for the purpose of preventing, alleviating, curing or healing human illness, injury or physical disability.". SIMPSON
HJ1003H3002/FAILED
Page 2-line 17 After "injury" insert ", provided the legislature shall not limit the noneconomic damages recoverable by a person against any one (1) health care provider for any single occurrence to an amount less than three hundred fifty thousand dollars ($350,000.00)".
Page 4-line 7 Delete the Simpson committee of the whole amendment (HJ1003HW001.01/AC) to this line;
Delete the Simpson third reading amendment (HJ1003H3001/A) to this line;
Further amend as follows: after "." insert "If the legislature establishes any limitation, it would be required to set the limit at three hundred fifty thousand dollars ($350,000.00) or some greater amount for all claims by one (1) person against one (1) health care provider which resulted from a single occurrence. The amendment would also allow the legislature to define "health care provider" which could include physicians, hospitals or other persons licensed or otherwise authorized in this or another state to furnish to any individual medical or dental care, vision care or hospitalization incident to the furnishing of that care or hospitalization for the purpose of preventing, alleviating, curing or healing human illness, injury or physical disability.". OLSEN, ROSS, SIMPSON
HJ1003H3007/FAILED
Page 1-line 4 Delete "or death".
Page 2-line 17 Delete "death or".
Page 4-line 6 Delete "or death".
Page 4-line 7 After "." insert "This amendment would not allow the Wyoming legislature to enact laws limiting the amount of noneconomic damages, that could be awarded for death caused by a health care provider." In the Simpson third reading amendment (HJ1003H3004/A) to this line delete "or death"; in the Nicholas third reading amendment (HJ1003H3006/A) to this line delete "or death". ROBINSON
HJ1003H3004/FAILED (CORRECTED COPY)
Page 2-line 17 After "injury" insert ", provided the limitation shall not apply if the death or injury was a result of gross negligence or a greater level of wrongful conduct".
Page 4-line 7 After "provider" insert "unless the health care provider's act or omission that caused the injury or death was a result of gross negligence or a greater level of wrongful conduct". SIMPSON
HJ1003H3006/FAILED (CORRECTED COPY)
Page 2-line 17 After "injury" insert ", provided the legislature shall not limit the noneconomic damages recoverable by a person resulting from culpable negligence or a greater level of wrongful conduct".
Page 4-line 7 Delete the Simpson committee of the whole amendment (HJ1003HW001.01/AC) to this line;
Delete the Simpson third reading amendment (HJ1003H3001/A) to this line;
Further amend as follows: after "provider" insert "unless the health care provider's act or omission that caused the injury or death was a result of culpable negligence or a greater level of wrongful conduct"; After "." insert "The amendment would also allow the legislature to define "health care provider" which could include physicians, hospitals or other persons licensed or otherwise authorized in this or another state to furnish to any individual medical or dental care, vision care or hospitalization incident to the furnishing of that care or hospitalization for the purpose of preventing, alleviating, curing or healing human illness, injury or physical disability.". NICHOLAS
7/14/2004 H Passed 3rd Reading
ROLL CALL
Ayes: Representative(s) Alden, Allen, Anderson, R., Baker, Berger, Brechtel, Buchanan, Bucholz, Childers, Cohee, Cooper, Diercks, Edwards, Gilmore, Hageman, Harshman, Harvey, Iekel, Illoway, Jansen, Johnson, L., Jones, Jorgensen, Landon, Latta, Law, Lockhart, Luthi, McMurtrey, McOmie, Meuli, Meyer, Miller, D., Morgan, Nicholas, Olsen, Osborn, Parady, Petersen, Philp, Powers, Prosser, Semlek, Simpson, Slater, Walsh, Wasserburger and Wostenberg.
Nays: Representative(s) Bagby, Esquibel, Gentile, Hastert, Hinckley, Johnson, W., Martin, Reese, Robinson, Ross, Thompson and Warren.
Ayes 48 Nays 12 Excused 0 Absent 0 Conflicts 0
7/14/2004 S Received for Introduction
7/14/2004 S Introduced and Referred to S12
7/14/2004 S12 Recommended Place on 3rd Reading
ROLL CALL
Ayes: Senator(s) Kunz, Larson, Mockler, Schiffer and Vasey.
Ayes 5 Nays 0 Excused 0 Absent 0 Conflicts 0
7/14/2004 S Placed on 3rd Reading
7/15/2004 H Appointed JCC01 Members
Simpson, Osborn, Philp, Reese, Ross
7/15/2004 S Appointed JCC01 Members
Larson, Coe, Devin, Schiffer, Vasey
7/16/2004 H Adopted HJ1003JC01
ROLL CALL
Ayes: Representative(s) Alden, Allen, Anderson, R., Baker, Berger, Brechtel, Buchanan, Bucholz, Childers, Cohee, Cooper, Diercks, Edwards, Esquibel, Gentile, Gilmore, Hageman, Harshman, Harvey, Hastert, Iekel, Illoway, Jansen, Johnson, L., Jones, Jorgensen, Landon, Latta, Law, Lockhart, Luthi, Martin, McMurtrey, McOmie, Meuli, Meyer, Miller, D., Morgan, Nicholas, Olsen, Osborn, Parady, Petersen, Philp, Powers, Prosser, Robinson, Ross, Semlek, Simpson, Slater, Walsh, Wasserburger, Wostenberg.
Nays: Representative(s) Bagby, Hinckley, Johnson, W., Reese, Thompson, Warren.
Ayes 54 Nays 6 Excused 0 Absent 0 Conflict 0
7/16/2004 S Adopted HJ1003JC01
ROLL CALL
Ayes: Senator(s) Anderson, J., Barrasso, Burns, Caller, Case, Coe, Devin, Erb, Ginter, Hanes, Hawks, Hines, Kunz, Larson, Meier, Northrup, Peck, Roberts, Schiffer, Scott, Townsend and Vasey.
Nays: Senator(s) Boggs, Decaria, Goodenough, Job, Massie, Mockler and Sessions.
Excused: Senator(s) Geis.
Ayes 22 Nays 7 Excused 1 Absent 0 Conflicts 0
HJ1003JC01/AA ADOPTED
Delete the following House amendments:
HJ1003HW003.01/AC
HJ1003H2001.01/AC
HJ1003H3001/A
Delete the following Senate amendments:
SJ1003S2004/A
SJ1003S2005/A
SJ1003S3010/A
Further amend as follows:
Page 2-line 12 After "injury," insert "no law shall be enacted limiting the amount of damages to be recovered for economic loss. However,".
Page 2-line 13 Delete ":".
Page 2-line 15 Delete "(i)"; after "from" delete "the" insert "a".
Page 2-line 16 After "for" insert "damages for".
Page 4-line 5 After "of" insert "damages for"; delete "damages" insert "loss"
Page 4-line 7 After "provider." insert ""Noneconomic loss" generally includes, but is not limited to, losses such as pain and suffering, inconvenience, mental anguish, loss of capacity for enjoyment of life, loss of consortium, and other losses the claimant is entitled to recover as damages under general law.
This amendment will not in any way affect the recovery of damages for economic loss under Wyoming law. "Economic loss" generally includes, but is not limited to, monetary losses such as past and future medical expenses, loss of past and future earnings, loss of use of property, costs of repair or replacement, the economic value of domestic services, loss of employment or business opportunities.
This amendment will not in any way affect the recovery of any additional damages known under Wyoming law as exemplary or punitive damages, which are damages allowed by law to punish a defendant and to deter persons from engaging in similar conduct in the future.".
Page 4-line 17 Delete "The paragraph".
Page 4-lines 18 through 21 Delete entirely and insert "The subsection lettered (b) within this Resolution shall be relettered as (c) and the subsection lettered (c) within both Resolutions shall be relettered as (d).". SIMPSON, OSBORN, PHILP, REESE, ROSS, LARSON, COE, DEVIN, SCHIFFER, VASEY
7/16/2004 Assigned Number HEJR No. 0001
7/17/2004 H Speaker Signed HEJR No. 0001
7/17/2004 S President Signed HEJR No. 0001
7/17/2004 Governor Signed HEJR No. 0001