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HB 319: Excess Liability Account
2005 General Session
Sponsor: Rep. Jeff Wasserburger (R-H32, Gillette); co-sponsors Reps. Gerald Gay (R-H36, Casper), Pete Jorgensen (D-H16, Jackson)
        
HB 319 would have established a special account with an initial appropriation of $5 million to help insurance companies pay for non-economic damages in medical malpractice cases. When a medical malpractice case awarded more than $500,000 in non-economic damages to a victim, the state would have paid for damages above $500,000 up to a total of $500,000.
        
To qualify for access to the excess liability account, doctors would have had to agree to practice in Wyoming for at least three years, and to provide care for Medicaid patients, children who participate in the state child health insurance program, and other state or federally funded programs for low-income citizens.
        
Proponents argued that this proposal might help keep insurance companies from raising malpractice insurance rates for doctors so fast. This, they reasoned, might help doctors maintain their practices in the state.
        
Opponents argued that helping insurance companies is not a good use of the taxpayer's money, and that there was no evidence to show that this would keep insurance rates at a lower level for doctors.
        
The House passed HB 319, 41-18 (1 excused).
        
Then, the Senate Judiciary Committee amended the bill to change it into a direct subsidy of medical malpractice insurance premiums for doctors. As amended, the state would have paid 25% of a participating physician's malpractice insurance premium. Proponents of the amendment argued this would directly benefit doctors and was much more likely to positively affect their decisions to continue practicing in Wyoming. Because it was more likely to maintain health care options for Wyoming citizens, supporters of this approach thought it was a more appropriate use of taxpayer dollars than the insurance company subsidy originally proposed.
        
Then, after adopting the amendment, the Senate Judiciary Committee killed the bill on a 2-2 tie vote, with one committee member excused. Senators Ken Decaria (D-S15, Evanston) and Kathryn Sessions (D-S7, Cheyenne) voted YES on the amended bill. Senators Tony Ross (R-S4, Cheyenne) and John Hanes (R-S5, Cheyenne) voted NO on the amended bill. Senator Bruce Burns (R-S21, Sheridan) was excused.
        
The votes listed below are the House third reading votes on the original bill. A YES vote means the representative supported helping insurance companies pay for non-economic damage awards in medical malpractice cases that were more than $500,000. A NO vote means the representative did not support having the state pay for non-economic damage awards above $500,000.
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Bighorn Basin Legislators
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House 3rd 2/9/05 |
| S 18 |
Hank Coe (R) |
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| H 24 |
Colin Simpson (R) |
Yes |
| H 50 |
Pat Childers (R) |
No |
| S 19 |
Laness D. Northrup (R) |
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| H 25 |
Alan Jones (R) |
No |
| H 26 |
Elaine Harvey (R) |
Yes |
| S 20 |
Gerald E. Geis (R) |
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| H 27 |
Debbie Hammons (D) |
Yes |
| H 28 |
Lorraine Quarberg (R) |
No |
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Casper-Area Legislators
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House 3rd 2/9/05 |
| S 27 |
John Barrasso (R) |
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| H 35 |
Roy Cohee (R) |
No |
| H 36 |
Gerald Gay (R) |
No |
| S 28 |
Kit Jennings (R) |
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| H 56 |
Tom Walsh (R) |
Yes |
| H 57 |
Thomas A. Lockhart (R) |
No |
| S 29 |
Bill Hawks (R) |
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| H 37 |
Steve Harshman (R) |
Yes |
| H 59 |
Mary Gilmore (D) |
Yes |
| S 30 |
Charles K. Scott (R) |
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| H 38 |
Bob Brechtel (R) |
Yes |
| H 58 |
Ann Robinson (D) |
Yes |
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Cheyenne-Area Legislators
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House 3rd 2/9/05 |
| S 4 |
Tony Ross (R) |
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| H 7 |
Doug Samuelson (R) |
Yes |
| H 41 |
Becket Hinckley (R) |
Yes |
| S 5 |
John Hanes (R) |
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| H 8 |
Larry Meuli (R) |
Yes |
| H 42 |
Pete Illoway (R) |
Yes |
| S 6 |
Wayne H. Johnson (R) |
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| H 9 |
Bryan Pedersen (R) |
Yes |
| H 10 |
Rodney "Pete" Anderson (R) |
No |
| S 7 |
Kathryn Sessions (D) |
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| H 11 |
Wayne Reese (D) |
Yes |
| H 43 |
Dan Zwonitzer (R) |
Yes |
| S 8 |
E. Jayne Mockler (D) |
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| H 12 |
Layton Morgan (D) |
Yes |
| H 44 |
Floyd Esquibel (D) |
Yes |
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Gillette-Area Legislators
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House 3rd 2/9/05 |
| S 23 |
John Hines (R) |
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| H 31 |
Thomas E. Lubnau II (R) |
Yes |
| H 52 |
Burke Jackson (R) |
Yes |
| S 24 |
Michael Von Flatern (R) |
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| H 32 |
Jeff Wasserburger (R) |
Yes |
| H 53 |
Frank Latta (R) |
Yes |
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Lander/Riverton-Area Legislators
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House 3rd 2/9/05 |
| S 25 |
Cale Case (R) |
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| H 33 |
W. Patrick Goggles (D) |
Yes |
| H 54 |
Del McOmie (R) |
Yes |
| S 26 |
Robert A. Peck (R) |
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| H 34 |
Frank Philp (R) |
No |
| H 55 |
David Miller (R) |
No |
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Northeast/East Central WY Legislators
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House 3rd 2/9/05 |
| S 1 |
C.L. Townsend (R) |
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| H 1 |
Mark Semlek (R) |
No |
| H 2 |
Ross Diercks (D) |
Yes |
| S 2 |
Jim Anderson (R) |
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| H 5 |
James C. Hageman (R) |
No |
| H 6 |
Dave Edwards (R) |
Yes |
| S 3 |
Curt Meier (R) |
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| H 3 |
Deborah Alden (R) |
Yes |
| H 4 |
Edward A. Buchanan (R) |
No |
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Sheridan-Area Legislators
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House 3rd 2/9/05 |
| S 21 |
Bruce Burns (R) |
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| H 29 |
Jerry Iekel (R) |
Yes |
| H 51 |
Rosie Berger (R) |
Yes |
| S 22 |
John Schiffer (R) |
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| H 30 |
Jack Landon (R) |
No |
| H 40 |
Doug Osborn (R) |
Yes |
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South Central WY Legislators
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House 3rd 2/9/05 |
| S 9 |
Mike Massie (D) |
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| H 13 |
Jane Warren (D) |
Yes |
| H 45 |
Kevin A. White (R) |
No |
| S 10 |
Phil Nicholas (R) |
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| H 14 |
Kermit C. Brown (R) |
No |
| H 46 |
James Slater (R) |
No |
| S 11 |
Bill Vasey (D) |
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| H 15 |
George Bagby (D) |
Yes |
| H 47 |
Kurt Bucholz (R) |
No |
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Southwest WY Legislators
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House 3rd 2/9/05 |
| S 12 |
Rae Lynn Job (D) |
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| H 48 |
Marty Martin (D) |
Yes |
| H 16 |
Pete Jorgensen (D) |
Excused |
| S 13 |
Tex Boggs (D) |
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| H 17 |
Stephen Watt (R) |
Yes |
| H 60 |
Bill Thompson (D) |
Yes |
| S 14 |
Stan Cooper (R) |
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| H 18 |
Mick Powers (R) |
Yes |
| H 39 |
John Hastert (D) |
Yes |
| S 15 |
Ken Decaria (D) |
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| H 19 |
Owen Petersen (R) |
Yes |
| H 49 |
Bruce Barnard (R) |
Yes |
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West Central WY Legislators
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House 3rd 2/9/05 |
| S 16 |
Pat Aullman (R) |
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| H 20 |
Kathy Davison (R) |
No |
| H 21 |
Randall Luthi (R) |
Yes |
| S 17 |
Grant Larson (R) |
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| H 22 |
Monte Olsen (R) |
Yes |
| H 23 |
Keith Gingery (R) |
Yes |
See Southwest Region for H 16 and S 12 |
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