The Committee on Judiciary proposes the following amendment (LC-4544.HDB0001H):

Amend the bill, as and if amended, SECTION 1, by striking Section 15-32-220(E)(1) and (2) and inserting:

(1) The limitations for noneconomic damages rendered against any health carehealthcare provider or health carehealthcare institution do not apply if the jury or court determines by clear and convincing evidence that the defendant was grossly negligent, wilful, wanton, or reckless, and such conduct was the proximate cause of the claimant's noneconomic damages, or if the defendant has engaged in fraud or misrepresentation related to the claim, or if the defendant altered or destroyed medical records with the purpose of avoiding a claim or liability to the claimant.:
   (a)(1) acted in a grossly negligent, wilful, wanton, or reckless manner;
   (b)(2) has pled guilty to or been convicted of a felony arising out of the same course of conduct complained of by the plaintiff, and that the act or course of conduct is a proximate cause of the plaintiff's damages; or
   (c)(3) acted or failed to act while under the influence of alcohol or drugs to the degree that his judgment was materially and appreciably impaired.; or
  (4) the defendant has engaged in fraud or misrepresentation related to the claim.
  (2) If the limitations for noneconomic damages are found to be inapplicable pursuant to the jury or court finding that the defendant's conduct fell within one of the exceptions herein, then the maximum limit of civil liability for the defendant, regardless of the number of claims or causes of action, shall not exceed eight times the current limitations on noneconomic damages, as adjusted pursuant to subsection (F).

Amend the bill further, SECTION 3, by striking Section 15-78-120(A)(1), (2), (3), and (4) and inserting:

  (1) Except as provided in Section 15-78-120(a)(3), no person shall recover in any action or claim brought hereunder a sum exceeding three six hundred thousand dollars because of loss arising from a single occurrence regardless of the number of agencies or political subdivisions involved.
  (2) Except as provided in Section 15-78-120(a)(4), the total sum recovered hereunder arising out of a single occurrence shall not exceed six hundredone million two hundred thousand dollars regardless of the number of agencies or political subdivisions or claims or actions involved.
  (3) No person may recover in any action or claim brought hereunder against any governmental entity and caused by the tort of any licensed physician or dentist, employed by a governmental entity and acting within the scope of his profession, a sum exceeding one two million twofour hundred thousand dollars because of loss arising from a single occurrence regardless of the number of agencies or political subdivisions involved.
  (4) The total sum recovered hereunder arising out of a single occurrence of liability of any governmental entity for any tort caused by any licensed physician or dentist, employed by a governmental entity and acting within the scope of his profession, may not exceed one two million twofour hundred thousand dollars regardless of the number of agencies or political subdivisions or claims or actions involved.

Amend the bill further, SECTION 3, by deleting Section 15-78-120(D) from the bill.

Amend the bill further, SECTION 4, by striking Section 33-56-180(A)(1), (2), and (3) and inserting:

  (1) acted in a grossly negligent, reckless, wilful, or wanton grossly negligent manner,;
  (2) has pled guilty to or been convicted of a felony arising out of the same act or course of conduct complained of by the plaintiff and that the act or course of conduct is a proximate cause of the plaintiff's damages; or
  (3) acted or failed to act while under the influence of alcohol or drugs to the degree that his judgment was materially or appreciably impaired.; or
  (4) the employee has engaged in fraud or misrepresentation related to the claim.

Amend the bill further, SECTION 4, by striking Section 33-56-180(B), (C), and (D) and inserting:

 (B) and the The employee must be joined properly as a party defendant. A judgment against an employee of a charitable organization may not be returned unless a specific finding is made that the conduct of the employee acted in a reckless, wilful, or grossly negligent manner falls within one or more of the threefour categories set forth above. If the charitable organization for which the employee was acting cannot be determined at the time the action is instituted, the plaintiff may name as a party defendant the employee, and the entity for which the employee was acting must be added or substituted as party defendant when it reasonably can be determined.
 (C) If the limitations for noneconomic damages are found to be inapplicable pursuant to the jury or court finding that the defendant's conduct fell within one of the exceptions herein, then the maximum limit of civil liability for the defendant, regardless of the number of claims or causes of action, shall not exceed eight times the current limitations on noneconomic damages, as adjusted pursuant to Section 15-32-220(F).
 (B)(D) (C) If the actual damages from the injury or death giving rise to the action arose from the use or operation of a motor vehicle and exceed two hundred fifty thousand dollars, this section does not prevent the injured person from recovering benefits pursuant to Section 38-77-160 but in an amount not to exceed the limits of the uninsured or underinsured coverage.

Amend the bill further, by adding an appropriately numbered SECTION to read:

SECTION X. The amendment to Section 15-32-220(E) which eliminated the "gross negligence" exception to the limitation on medical malpractice damages creates consistency with the Solicitation of Charitable Funds Act damage limitation exceptions and avoids duplicative exceptions where the misconduct in question is covered by another exception.

Amend the bill further by striking SECTION 5 and inserting:

SECTION 5. This act takes effect upon approval by the Governor, and applies only to causes of action or claims arising or accruing thereafter.

Renumber sections to conform.

Amend title to conform.