|
S.J. No. 1003 |
Noneconomic damages-constitutional amendment-2. |
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 S Received for Introduction
7/12/2004 S Introduced and Referred to SCW
7/12/2004 S Placed on General File
SJ1003SW002/FAILED
Page 2-line 13 Delete ":" insert "approved by two-thirds (2/3) of all the members of each of the two (2) houses, voting separately, limit the amount to be recovered from the health care provider for noneconomic loss resulting from the death or injury, unless the death or injury is adjudged to be, at a minimum, an act or omission of unreasonable character in disregard of a known or obvious risk that was so great as to make it highly probable that harm would follow.".
Page 2-line 15 Delete.
Page 2-line 16 Delete including the Scott Committee of the Whole Amendment (SJ1003SW001/A) to this line.
Page 2-line 17 Delete.
Page 4-line 7 After "provider" insert ", unless the death or injury is adjudged to be, at a minimum, an act or omission of unreasonable character in disregard of a known or obvious risk that was so great as to make it highly probable that harm would follow". MEIER
7/12/2004 S Passed CoW
SJ1003S2001/FAILED
Page 2-line 17 After "injury" insert "to not less than five hundred thousand dollars ($500,000.00) as determined by the legislature". CASE, MEIER
ROLL CALL
Ayes: Senator(s) Boggs, Caller, Case, Decaria, Massie, Meier, Mockler and Vasey.
Nays: Senator(s) Anderson, J., Barrasso, Burns, Coe, Devin, Erb, Geis, Ginter, Goodenough, Hanes, Hawks, Hines, Job, Kunz, Larson, Northrup, Peck, Roberts, Schiffer, Scott, Sessions and Townsend.
Ayes 8 Nays 22 Excused 0 Absent 0 Conflicts 0
SJ1003S2002/FAILED
Page 2-line 13 After "law" insert "approved by two-thirds (2/3) of all the members of each of the two (2) houses, voting separately". MEIER, CASE
SJ1003S2003/FAILED
Page 2-line 17 After "injury." insert "If the legislature by general law limits the amount to be recovered from the health care provider for noneconomic loss pursuant to this paragraph, the legislature shall by general law establish one (1) or more degrees of culpability to which no limitation shall apply.". MEIER, CASE
ROLL CALL
Ayes: Senator(s) Boggs, Case, Decaria, Ginter, Goodenough, Job, Massie, Meier, Mockler and Sessions.
Nays: Senator(s) Anderson, J., Barrasso, Burns, Caller, Coe, Devin, Erb, Geis, Hanes, Hawks, Hines, Kunz, Larson, Northrup, Peck, Roberts, Schiffer, Scott, Townsend and Vasey.
Ayes 10 Nays 20 Excused 0 Absent 0 Conflicts 0
SJ1003S2004/ADOPTED
Page 2-line 16 After "loss" insert "as defined by the legislature". SCOTT
SJ1003S2005/ADOPTED
Page 4-line 7 After "provider." insert ""Noneconomic damages" means losses such as pain and suffering, inconvenience, physical impairment, mental anguish, disfigurement, loss of capacity for enjoyment of life, loss of consortium and other losses the claimant is entitled to recover as damages under general law but which are not calculable in monetary terms." ROBERTS
7/13/2004 S Passed 2nd Reading
SJ1003S3002/FAILED
Page 2-line 17 After "injury" and before the Mockler Third Reading Amendment (SJ1003S3001/A) to this line, insert "to not less than three hundred fifty thousand dollars ($350,000.00) as determined by the legislature". CASE
SJ1003S3004/FAILED [CORRECTED COPY]
Page 2-line 17 After "." insert "If the legislature by general law limits the amount to be recovered for noneconomic loss pursuant to this paragraph, the legislature shall not limit the amount to be recovered if the act or omission is adjudged to be the result of, at a minimum, a reckless or willful disregard for the safety of others and a failure to use even the slightest amount of caution.". MEIER
ROLL CALL
Ayes: Senator(s) Boggs, Case, Decaria, Ginter, Goodenough, Job, Massie, Meier, Mockler, Sessions and Vasey.
Nays: Senator(s) Anderson, J., Barrasso, Burns, Caller, Coe, Devin, Erb, Geis, Hanes, Hawks, Hines, Kunz, Larson, Northrup, Peck, Roberts, Schiffer, Scott and Townsend.
Ayes 11 Nays 19 Excused 0 Absent 0 Conflicts 0
SJ1003S3005/FAILED
Delete the Case Third Reading Amendment (SJ1003S3002/A) entirely and further amend as follows:
Page 2-line 17 After "injury" and before the Mockler Third Reading Amendment (SJ1003S3001/A) to this line, insert "to not less than five hundred thousand dollars ($500,000.00) as determined by the legislature". MEIER
SJ1003S3010/ADOPTED
Delete the Roberts Second Reading Amendment (SJ1003S2005/A), the Meier Third Reading Amendment (SJ1003S3007/A), the Roberts, Scott Third Reading Amendment (SJ1003S3008/A) and the Roberts Third Reading Amendment (SJ1003S3009/A) entirely and further amend as follows:
Page 2-line 9 After "(b)" insert "No law shall be enacted which would limit damages for economic loss in any civil action where a person alleges that a health care provider's act or omission in the provision of health care resulted in death or injury.".
Page 2-line 16 After "provider" insert "for damages".
Page 4-line 5 After "amount of" insert "damages for"; delete "damages" insert "loss".
Page 4-line 7 After "provider." insert ""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. "Noneconomic loss" generally includes, but is not limited to, damages for losses such as pain and suffering, inconvenience, physical impairment, mental anguish, disfigurement, 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. This amendment will not 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.". KUNZ, ROBERTS, MEIER
7/14/2004 S Passed 3rd Reading
ROLL CALL
Ayes: Senator(s) Anderson, J., Barrasso, Burns, Caller, Case, Coe, Devin, Erb, Geis, Ginter, Hanes, Hawks, Hines, Kunz, Larson, Northrup, Peck, Roberts, Schiffer, Scott and Townsend.
Nays: Senator(s) Boggs, Decaria, Goodenough, Job, Massie, Meier, Mockler, Sessions and Vasey.
Ayes 21 Nays 9 Excused 0 Absent 0 Conflicts 0
7/15/2004 H Received for Introduction
7/15/2004 H Introduced and Referred to H12
7/15/2004 H12 Recommended Place on 3rd Reading
ROLL CALL
Ayes: Representative(s) Anderson, R., Baker, Illoway, Johnson, L., Luthi, Nicholas, Parady, Philp and Ross.
Nays: Representative(s) Johnson, W., Reese and Thompson.
Excused: Representative(s) Simpson.
Ayes 9 Nays 3 Excused 1 Absent 0 Conflicts 0
7/15/2004 H Placed on 3rd Reading Pursuant to Joint Rule 20
See HJ1003 in accordance with the Joint Rules of the Special Session