2005-04-12                     Senate Journal                      Page 0920
SB 67                                                                                             
CS FOR SENATE BILL NO. 67(JUD) "An Act relating to claims for                                       
personal injury or wrongful death against health care providers; and                                
providing for an effective date" was read the third time.                                           
                                                                                                    
                                                                                                    
                                                                                                    

2005-04-12                     Senate Journal                      Page 0921
Senator French moved that the bill be returned to second reading for                                
the purpose of a specific amendment, that being Amendment No. 3.                                    
Without objection, the bill was returned to second reading.                                         
                                                                                                    
Senator French offered Amendment No. 3 :                                                             
                                                                                                    
Page 2, following line 11:                                                                          
     Insert a new subsection to read:                                                               
               "(f)  The limitation on noneconomic damages in this                                  
          section does not apply if the damages resulted from an act or                             
          omission that constitutes gross negligence or reckless or                                 
          intentional misconduct."                                                                  
                                                                                                    
Reletter the following subsection accordingly.                                                      
                                                                                                    
Senator French moved for the adoption of Amendment No. 3. Senator                                   
Gary Stevens objected.                                                                              
                                                                                                    
The question being: "Shall Amendment No. 3 be adopted?" The roll                                    
was taken with the following result:                                                                
                                                                                                    
CSSB 67(JUD)                                                                                        
Second Reading                                                                                      
Amendment No. 3                                                                                     
                                                                                                    
YEAS:  9   NAYS:  11   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Bunde, Davis, Ellis, Elton, French, Guess, Hoffman, Kookesh,                                 
Olson                                                                                               
                                                                                                    
Nays:  Cowdery, Dyson, Green, Huggins, Seekins, Stedman, Stevens                                    
B, Stevens G, Therriault, Wagoner, Wilken                                                           
                                                                                                    
and so, Amendment No. 3 failed.                                                                     
                                                                                                    
CS FOR SENATE BILL NO. 67(JUD) was automatically in third                                           
reading.                                                                                            
                                                                                                    
Senator French called the Senate. The call was satisfied.                                           
                                                                                                    
                                                                                                    
                                                                                                    

2005-04-12                     Senate Journal                      Page 0922
The question being: "Shall CS FOR SENATE BILL NO. 67(JUD) "An                                       
Act relating to claims for personal injury or wrongful death against                                
health care providers; and providing for an effective date" pass the                                
Senate?" The roll was taken with the following result:                                              
                                                                                                    
CSSB 67(JUD)                                                                                        
Third Reading - Final Passage                                                                       
                                                                                                    
YEAS:  12   NAYS:  8   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Bunde, Cowdery, Dyson, Green, Huggins, Olson, Seekins,                                       
Stedman, Stevens B, Stevens G, Therriault, Wilken                                                   
                                                                                                    
Nays:  Davis, Ellis, Elton, French, Guess, Hoffman, Kookesh,                                        
Wagoner                                                                                             
                                                                                                    
and so, CS FOR SENATE BILL NO. 67(JUD) passed the Senate.                                           
                                                                                                    
Senator Gary Stevens moved for the adoption of the effective date                                   
clause. Senator Ellis objected.                                                                     
                                                                                                    
The question being: "Shall the effective date clause be adopted?" The                               
roll was taken with the following result:                                                           
                                                                                                    
CSSB 67(JUD)                                                                                        
Effective Date Clause                                                                               
                                                                                                    
YEAS:  12   NAYS:  8   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Bunde, Cowdery, Dyson, Green, Huggins, Seekins, Stedman,                                     
Stevens B, Stevens G, Therriault, Wagoner, Wilken                                                   
                                                                                                    
Nays:  Davis, Ellis, Elton, French, Guess, Hoffman, Kookesh, Olson                                  
                                                                                                    
and so, the effective date clause failed.                                                           
                                                                                                    
Senator Olson gave notice of reconsideration on CS FOR SENATE                                       
BILL NO. 67(JUD)(efd fld) "An Act relating to claims for personal                                   
injury or wrongful death against health care providers."