Legislature(2005 - 2006)
2005-04-11 Senate Journal
Full Journal pdf2005-04-11 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.