Noneconomic damages-constitutional amendment-2.

WORKING DRAFT
2009
STATE OF
WYOMING
09LSO-0528

HOUSE JOINT RESOLUTION
NO.
HJ0006

Noneconomic damages-
constitutional
amendment
-2
.

Sponsored by:
Representative(s) Hallinan, Brown, Davison, Harshman, Jorgensen,
Meyer,
Millin, McOmie, Pedersen, Philp, Wallis and Zwonitzer, Dv. and Senator(s) Hines,
Jennings
, Landen and Larson

A BILL

for

A JOINT RESOLUTION
proposing to amend the Wyoming Constitution
to modify, in health care provider cases, the general 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) and (b)
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)

No law shall be enacted limiting the amount of damages to be recovered for causing the injury or death of any person
, except as otherwise provided

in this section
.

(b)

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

(i)

May m
andate alternative dispute resolution or review by a medical review panel before the filing of a civil action against the health care provider
; and

(ii)

May limit the amount to be recovered from the health care provider for noneconomic damages resulting from the death or injury, provided the legislature shall not limit the noneconomic
damages recoverable by a person against any one (1) health care provider for any single occurrence to an amount less than two hundred fifty thousand dollars ($250,000.00).

Section 2.

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

This amendment would allow the
Wyoming
legislature to enact laws limiting the amount of damages for noneconomic loss that could be awarded for injury or death caused by a health care provider. "Noneconomic loss" generally includes, but is not limited to, losses such as pain and suffering, inconvenience, mental anguish, loss of capacity for enjoyment of life, loss of consortium, and other losses the claimant is entitled to recover as damages under general law. The legislature could not limit this amount to less than two hundred fifty thousand dollars ($250,000.000).

This amendment will not in any way affect the recovery of damages for economic loss under
Wyoming
law. "Economic loss" generally includes, but is not limited to, monetary losses such as past and future medical expenses, loss of past and future earnings, loss of use of property, costs of repair or replacement, the economic value of domestic services,
or
loss of employment or business opportunities.

T
his amendment will not in any way affect the recovery of any additional damages known under
Wyoming
law as exemplary or punitive damages, which are damages allowed by law to punish a defendant and to deter
persons from engaging in similar conduct in the future.

(END)

1
HJ0006