Legislature(2005 - 2006)

2005-04-11 Senate Journal

Full Journal pdf

2005-04-11                     Senate Journal                      Page 0877
SB 67                                                                                             
SENATE BILL NO. 67 "An Act relating to claims for personal injury                                   
or wrongful death against health care providers; and providing for an                               
effective date" was read the second time.                                                           
                                                                                                    
Senator Seekins, Chair, moved and asked unanimous consent for the                                   
adoption of the Judiciary Committee Substitute offered on page 723.                                 
Without objection, CS FOR SENATE BILL NO. 67(JUD) was                                               
adopted.                                                                                            
                                                                                                    
Senator French offered Amendment No. 1:                                                             
                                                                                                    
Page 1, line 2:                                                                                     
     Delete "; and providing for an effective date"                                               
                                                                                                    
Page 1, line 4, through page 2, line 26:                                                            
     Delete all material.                                                                           
     Insert new bill sections to read:                                                              
     "* Sec. 1.  AS 09.17.010(b) is amended to read:                                              

2005-04-11                     Senate Journal                      Page 0878
              (b)  Except as provided under (c) of this section, the                                
          damages awarded by a court or a jury under (a) of this section                            
          for all claims, including a loss of consortium claim, arising                             
          out of a single injury or death may not exceed $350,000                               
          [$400,000] or the injured person's life expectancy in years                               
          multiplied by $8,000, whichever is greater.                                               
        * Sec. 2.  AS 09.17.010(c) is amended to read:                                            
              (c)  In an action for personal injury, the damages awarded                            
          by a court or jury that are described under (b) of this section                           
          may not exceed $850,000 [$1,000,000] or the person's life                             
          expectancy in years multiplied by $25,000, whichever is                                   
          greater, when the damages are awarded for severe permanent                                
          physical impairment or severe disfigurement.                                              
        * Sec. 3.  The uncodified law of the State of Alaska is amended                           
by adding a new section to read:                                                                    
     APPLICABILITY.  This Act applies to a claim for relief arising                                 
on or after the effective date of this Act."                                                        
                                                                                                    
Senator French moved for the adoption of Amendment No. 1. Senator                                   
Green objected.                                                                                     
                                                                                                    
The question being: "Shall Amendment No. 1 be adopted?" The roll                                    
was taken with the following result:                                                                
                                                                                                    
CSSB 67(JUD)                                                                                        
Second Reading                                                                                      
Amendment No. 1                                                                                     
                                                                                                    
YEAS:  8   NAYS:  12   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Davis, Ellis, Elton, French, Guess, Hoffman, Kookesh, Olson                                  
                                                                                                    
Nays:  Bunde, Cowdery, Dyson, Green, Huggins, Seekins, Stedman,                                     
Stevens B, Stevens G, Therriault, Wagoner, Wilken                                                   
                                                                                                    
and so, Amendment No. 1 failed.                                                                     
                                                                                                    
Senator French offered Amendment No. 2:                                                             
                                                                                                    
Page 2, following line 11:                                                                          
     Insert a new subsection to read:                                                               
                                                                                                    

2005-04-11                     Senate Journal                      Page 0879
              "(f)  The limitation on noneconomic damages in this                                   
          section does not apply if, before the provision of services                               
          during which the injury occurred, the health care provider                                
          against whom the claim is asserted has been disciplined by the                            
          health care provider's professional disciplinary board,                                   
          commission, or other authority in this state or any other                                 
          jurisdiction."                                                                            
                                                                                                    
          Reletter the following subsection accordingly.                                            
                                                                                                    
Senator French moved and asked unanimous consent for the adoption                                   
of the following amendment to Amendment No. 2:                                                      
                                                                                                    
Page 1, line 6, following, "other":                                                                 
     Insert "similar"                                                                               
                                                                                                    
Without objection, Amendment No. 2 was amended.                                                     
                                                                                                    
Senator French moved for the adoption of Amendment No. 2 as                                         
amended. Senator Wilken objected.                                                                   
                                                                                                    
The question being: "Shall Amendment No. 2 as amended be                                            
adopted?" The roll was taken with the following result:                                             
                                                                                                    
CSSB 67(JUD)                                                                                        
Second Reading                                                                                      
Amendment No. 2 as amended                                                                          
                                                                                                    
YEAS:  8   NAYS:  12   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Davis, Ellis, Elton, French, Guess, Hoffman, Kookesh, Olson                                  
                                                                                                    
Nays:  Bunde, Cowdery, Dyson, Green, Huggins, Seekins, Stedman,                                     
Stevens B, Stevens G, Therriault, Wagoner, Wilken                                                   
                                                                                                    
and so, Amendment No. 2 as amended failed.                                                          
                                                                                                    
President Stevens stated CS FOR SENATE BILL NO. 67(JUD) will                                        
be on the April 12 calendar.