Noneconomic damages-constitutional amendment.

WORKING DRAFT
2005
STATE OF WYOMING
05LSO-0172

SENATE JOINT RESOLUTION
NO.
SJ0004

Noneconomic damages-constitutional amendment.

Sponsored by:
Senator(s) Meier and Representative(s) Childers

A BILL

for

A JOINT RESOLUTION proposing to amend the Wyoming Constitution to modify the prohibition against the legislature limiting the amount of damages that may be recovered for causing personal injury or death of any person.

BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF WYOMING,
two-thirds of all the members of the two houses, voting separately, concurring therein:

Section 1.
The following proposal to amend Wyoming Constitution, Article 10, Section 4(a), by creating a new subsection (c) and by renumbering (c) as (d) is proposed for submission to the electors of the State of Wyoming at the next general election for approval or rejection to become valid as a part of the Constitution if ratified by a majority of the electors at the election:

Article 10, Section 4.

Damages for personal injuries or death; worker's compensation.

(a)

Except as otherwise provided in this section, n
o law shall be enacted limiting the amount of damages to be recovered for causing the injury or death of any person.

(c)

Any section of this constitution to the contrary notwithstanding, for any civil action where a person alleges that an act or omission resulted in death or injury, the legislature may by general law:

(i)

Uniformly limit the amount to be recovered by any person for damages for noneconomic loss resulting from the death or injury, unless the death or injury is adjudged to be the result of an act or omission that, at minimum, constitutes gross negligence. These limits shall be set for an aggregate of not more than one million dollars ($1,000,000.00). No law shall be enacted limiting the amount of damages to be recovered for economic loss.

(c)
(d)

Any contract or agreement with any employee waiving any right to recover damages for causing the death or injury of any employee shall be void. As to all extrahazardous employments the legislature shall provide by law for the accumulation and maintenance of a fund or funds out of which shall be paid compensation as may be fixed by law according to proper classifications to each person injured in such employment or to the dependent families of such as die as the result of such injuries, except in case of injuries due solely to the culpable negligence of the injured employee. The fund or funds shall be accumulated, paid into the state treasury and maintained in such manner as may be provided by law. Monies in the fund shall be expended only for compensation authorized by this section, for administration and management of the Worker's Compensation Act, debt service related to the fund and for workplace safety programs conducted by the state as authorized by law. The right of each employee to compensation from the fund shall be in lieu of and shall take the place of any and all rights of action against any employer contributing as required by law to the fund in favor of any person or persons by reason of the injuries or death. Subject to conditions specified by law, the legislature may allow employments not designated extrahazardous to be covered by the state fund at the option of the employer. To the extent an employer elects to be covered by the state fund and contributes to the fund as required by law, the employer shall enjoy the same immunity as provided for extrahazardous employments.

Section 2.
That the Secretary of State shall endorse the following statement on the proposed amendment:

This amendment would expand the current constitutional limitation and allow the Wyoming legislature to uniformly limit amounts to be recovered for noneconomic loss in any civil action where a person alleges an act or omission resulted in death or injury with the exclusion of conduct that equals or exceeds gross negligence. This amendment would allow the legislature to set these limits at not more than one million dollars.

(END)

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