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2004 Budget Session
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HJ 11 proposed an amendment to the Wyoming Constitution that would allow the Legislature to require alternative dispute resolution or review by a medical panel before a person would be allowed to file a lawsuit against any health care provider for injury or death.
HJ 11 was one of several bills brought before the 2004 Legislature that proposed various actions to deal with medical malpractice issues.
Supporters of HJ 11 believed that the high insurance rates paid by doctors for medical malpractice insurance are the result of lawsuits filed against doctors and other health care providers for medical malpractice. They felt that HJ 111 would reduce the number of lawsuits filed against health care providers.
Opponents of HJ 11 noted that, in the 12 years from 1989 through 2001 (the most recent year for which data is available), a total of 31 medical malpractice lawsuits were filed in Wyoming, which averages out to less than three lawsuits per year. Opponents argued that Wyoming doctors do not experience excessive litigation, that high medical malpractice insurance rates are not the result of excessive litigation, and that a constitutional amendment that creates a narrow provision for a special interest group is not in the best interest of all Wyoming citizens.
HJ 11 passed the House, 51-6 (2 excused, 1 conflict-of-interest).
On second reading, the Senate narrowly (on a 15-14 vote) adopted amendments offered by Senators Charlie Scott (R-S30, Casper) and Tex Boggs (D-S13, Rock Springs) that would allow the Legislature to establish a fund to compensate patients injured by medical error. The fund could also be used to provide malpractice insurance coverage for doctors.
Further, under the Senate amendment the Legislature could pass laws to specify whether or not the medical review panel's findings would be allowed in subsequent court cases, and to prohibit injured patients from contracting for legal representation before the medical review panel or alternative dispute resolution processes were complete.
Recognizing that inclusion of the amendments in the bill would prevent it from receiving the two-thirds majority vote needed for passage (as a constitutional amendment), Senator Scott requested that the Senate remove both amendments from the bill before the third reading vote.
After stripping both amendments out of the resolution, the Senate passed HJ 11 on third reading, 24-6.
The votes below are House and Senate third reading (final passage) votes.
A YES vote means the representative supports placing the constitutional amendment proposed in HJ 11 on the ballot next fall for a vote of the Wyoming electorate.
A NO vote means the representative did not support placing this constitutional amendment on the ballot.
| Bighorn Basin Legislators | House 3rd 2/25/04 | Senate 3rd 3/3/04 |
|
| S 18 | Hank Coe (R) | Yes | |
| H 24 | Colin Simpson (R) | Yes | |
| H 50 | Pat Childers (R) | Yes | |
| S 19 | Laness D. Northrup (R) | Yes | |
| H 25 | Alan Jones (R) | Yes | |
| H 26 | Elaine Harvey (R) | Yes | |
| S 20 | Gerald E. Geis (R) | Yes | |
| H 27 | Jane Wostenberg (R) | Yes | |
| H 28 | Micheal Baker (R) | Yes | |
| Casper-Area Legislators | House 3rd 2/25/04 | Senate 3rd 3/3/04 |
|
| S 27 | John Barrasso (R) | Yes | |
| H 35 | Roy Cohee (R) | Yes | |
| H 36 | Liz Gentile (D) | No | |
| S 28 | Keith Goodenough (D) | No | |
| H 56 | Tom Walsh (R) | Yes | |
| H 57 | Thomas A. Lockhart (R) | Yes | |
| S 29 | Bill Hawks (R) | Yes | |
| H 37 | Steve Harshman (R) | Yes | |
| H 59 | Mary Gilmore (D) | No | |
| S 30 | Charles K. Scott (R) | Yes | |
| H 38 | Bob Brechtel (R) | Yes | |
| H 58 | Ann Robinson (D) | No | |
| Cheyenne-Area Legislators | House 3rd 2/25/04 | Senate 3rd 3/3/04 |
|
| S 4 | April Brimmer Kunz (R) | Yes | |
| H 7 | Tony Ross (R) | Yes | |
| H 41 | Becket Hinckley (R) | Yes | |
| S 5 | John Hanes (R) | Yes | |
| H 8 | Larry Meuli (R) | Yes | |
| H 42 | Pete Illoway (R) | Yes | |
| S 6 | Rich Cathcart (D) | No | |
| H 9 | Wayne Johnson (R) | No | |
| H 10 | Rodney "Pete" Anderson (R) | Yes | |
| S 7 | Kathryn Sessions (D) | Yes | |
| H 11 | Wayne Reese (D) | Yes | |
| H 43 | Ed Prosser (R) | Yes | |
| S 8 | E. Jayne Mockler (D) | No | |
| H 12 | Layton Morgan (D) | Yes | |
| H 44 | Floyd Esquibel (D) | No | |
| Gillette-Area Legislators | House 3rd 2/25/04 | Senate 3rd 3/3/04 |
|
| S 23 | John Hines (R) | Yes | |
| H 31 | Jene Jansen (R) | Yes | |
| H 52 | George McMurtrey (R) | Yes | |
| S 24 | Richard A. Erb (R) | Yes | |
| H 32 | Jeff Wasserburger (R) | Yes | |
| H 53 | Frank Latta (R) | No | |
| Lander/Riverton-Area Legislators | House 3rd 2/25/04 | Senate 3rd 3/3/04 |
|
| S 25 | Cale Case (R) | Yes | |
| H 33 | Harry Tipton (R) | Excused | |
| H 54 | Del McOmie (R) | Yes | |
| S 26 | Robert A. Peck (R) | Yes | |
| H 34 | Frank Philp (R) | Yes | |
| H 55 | David Miller (R) | Yes | |
| Northeast/East Central WY Legislators | House 3rd 2/25/04 | Senate 3rd 3/3/04 |
|
| S 1 | C.L. Townsend (R) | Yes | |
| H 1 | Mark Semlek (R) | Yes | |
| H 2 | Ross Diercks (D) | Yes | |
| S 2 | Jim Anderson (R) | Yes | |
| H 5 | James C. Hageman (R) | Yes | |
| H 6 | Dave Edwards (R) | Yes | |
| S 3 | Curt Meier (R) | Yes | |
| H 3 | Deborah Alden (R) | Yes | |
| H 4 | Edward A. Buchanan (R) | Yes | |
| Sheridan-Area Legislators | House 3rd 2/25/04 | Senate 3rd 3/3/04 |
|
| S 21 | Bruce Burns (R) | Yes | |
| H 29 | Jerry Iekel (R) | Yes | |
| H 51 | Rosie Berger (R) | Yes | |
| S 22 | John Schiffer (R) | Yes | |
| H 30 | Jack Landon (R) | Yes | |
| H 40 | Doug Osborn (R) | Yes | |
| South Central WY Legislators | House 3rd 2/25/04 | Senate 3rd 3/3/04 |
|
| S 9 | Mike Massie (D) | No | |
| H 13 | Jane Warren (D) | Yes | |
| H 45 | Lorna Johnson (D) | Excused | |
| S 10 | Irene Devin (R) | Yes | |
| H 14 | Phil Nicholas (R) | Yes | |
| H 46 | James Slater (R) | Yes | |
| S 11 | Bill Vasey (D) | Yes | |
| H 15 | George Bagby (D) | Yes | |
| H 47 | Kurt Bucholz (R) | Yes | |
| Southwest WY Legislators | House 3rd 2/25/04 | Senate 3rd 3/3/04 |
|
| S 12 | Rae Lynn Job (D) | No | |
| H 48 | Marty Martin (D) | Yes | |
| H 16 | Pete Jorgensen (D) | Yes | |
| S 13 | Tex Boggs (D) | Yes | |
| H 17 | Fred Parady (R) | Yes | |
| H 60 | Bill Thompson (D) | Yes | |
| S 14 | Larry Caller (D) | Yes | |
| H 18 | Mick Powers (R) | Yes | |
| H 39 | John Hastert (D) | Yes | |
| S 15 | Ken Decaria (D) | No | |
| H 19 | Owen Petersen (R) | Yes | |
| H 49 | Saundra Meyer (D) | Conflict | |
| West Central WY Legislators | House 3rd 2/25/04 | Senate 3rd 3/3/04 |
|
| S 16 | Delaine Roberts (R) | Yes | |
| H 20 | Stan Cooper (R) | Yes | |
| H 21 | Randall Luthi (R) | Yes | |
| S 17 | Grant Larson (R) | Yes | |
| H 22 | Monte Olsen (R) | Yes | |
| H 23 | Clarene Law (R) | Yes | |
See Southwest Region for H 16 and S 12 | |||