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.