Legislature(2013 - 2014)
2014-03-14 Senate Journal
Full Journal pdf2014-03-14 Senate Journal Page 1967 SB 200 SENATE BILL NO. 200 "An Act establishing a right of action for the death of an unborn child in certain circumstances" was read the second time. Senator Wielechowski offered Amendment No. 1 : Page 1, line 2, following "circumstances": Insert "; and relating to noneconomic damages in wrongful death actions" Page 2, following line 6: Insert a new subsection to read: "(c) Damages to be awarded under this section may include pecuniary loss, noneconomic damages, and punitive damages under AS 09.17.020." Reletter the following subsection accordingly. Page 2, following line 9: Insert new bill sections to read: "* Sec. 3. AS 09.17.010(a) is amended to read: (a) In an action to recover damages for personal injury [OR WRONGFUL DEATH], all damage claims for noneconomic losses shall be limited to compensation for pain, suffering, inconvenience, physical impairment, disfigurement, loss of enjoyment of life, loss of consortium, and other nonpecuniary damage. * Sec. 4. AS 09.17.010(b) is amended to read: 2014-03-14 Senate Journal Page 1968 (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 $400,000 or the injured person's life expectancy in years multiplied by $8,000, whichever is greater. * Sec. 5. AS 09.17.010 is amended by adding a new subsection to read: (e) This section does not apply to wrongful death actions brought under AS 09.15.010, 09.15.018, or AS 09.55.580." Senator Wielechowski moved for the adoption of Amendment No. 1. Senator McGuire objected. The question being: "Shall Amendment No. 1 be adopted?" The roll was taken with the following result: SB 200 Second Reading Amendment No. 1 YEAS: 4 NAYS: 14 EXCUSED: 0 ABSENT: 2 Yeas: Ellis, French, Gardner, Wielechowski Nays: Bishop, Coghill, Dunleavy, Dyson, Fairclough, Giessel, Huggins, Kelly, McGuire, Meyer, Micciche, Olson, Stedman, Stevens Absent: Egan, Hoffman and so, Amendment No. 1 failed. Senator Coghill moved and asked unanimous consent that the bill be considered engrossed, advanced to third reading and placed on final passage. Without objection, it was so ordered. SENATE BILL NO. 200 was read the third time. The question being: "Shall SENATE BILL NO. 200 "An Act establishing a right of action for the death of an unborn child in certain circumstances" pass the Senate?" The roll was taken with the following result: 2014-03-14 Senate Journal Page 1969 SB 200 Third Reading - Final Passage YEAS: 20 NAYS: 0 EXCUSED: 0 ABSENT: 0 Yeas: Bishop, Coghill, Dunleavy, Dyson, Egan, Ellis, Fairclough, French, Gardner, Giessel, Hoffman, Huggins, Kelly, McGuire, Meyer, Micciche, Olson, Stedman, Stevens, Wielechowski and so, SENATE BILL NO. 200 passed the Senate and was referred to the Secretary for engrossment.