HB 403 (BR 1648) - R. Wilkey, J. Bell, M. Cherry, L. Clark, H. Collins, J. Crenshaw, T. Edmonds, J. Gray, J. Greer, K. Hall, R. Henderson, M. Henley, C. Hoffman, J. Jenkins, T. Kerr, M. Marzian, H. Moberly Jr, L. Napier, F. Nesler, R. Palumbo, T. Pullin, R. Rand, T. Riner, C. Rollins II, A. Simpson, R. Weston

     AN ACT relating to consortium.
     Amend KRS 411.145, relating to loss of consortium, to include actions by the surviving spouse as well as the personal representative; specify how limitations of actions apply to the action; provide that section is retroactive.

HB 403 - AMENDMENTS

     HCS (1) - Retain most substantive provisions, except that the provisions are transferred to a new section of KRS Chapter 411 and amended to provide that the consortium claim is brought as part of the wrongful death action and not as a separate lawsuit, that the damages recoverable are separate from other damages and payable only to the surviving spouse, and that the bill applies retroactively in certain situations; EMERGENCY.

     HCS (2) - Amend to exclude in the retroactivity provision actions that have reached settlement and to clarify that the retroactivity only applies to wrongful death causes of action; EMERGENCY.

     HCA (1/Title, K. Stein) - Make title amendment.

     HFA (1, J. Fischer) - Amend to limit damages recoverable to $150,000 and to provide for non-severability in the event of a finding of unconstitutionality.

     HFA (2, J. Fischer) - Amend to limit damages recoverable to $150,000, to include loss of parental consortium during gestation, and to provide for non-severability in the event of a finding of unconstitutionality.

     HFA (3, J. Fischer) - Amend to limit damages recoverable to $150,000 and to provide for non-severability in the event of a finding of unconstitutionality.

     HFA (4, J. Fischer) - Amend to limit damages recoverable to $150,000, to include loss of parental consortium during gestation, and to provide for non-severability in the event of a finding of unconstitutionality.

     HFA (5, D. Floyd) - Amend to limit attorney fees to no more than 5 percent of amount recovered.

     HFA (6, D. Floyd) - Amend to limit attorney fees to no more than 5 percent of amount recovered.

     Feb 9-introduced in House
     Feb 12-to Judiciary (H)
     Feb 14-posted in committee
     Feb 15-posting waived
     Feb 16-reported favorably, 1st reading, to Calendar with Committee Substitute, committee amendment (1-title); floor amendments (3) and (4) filed to Committee Substitute, floor amendments (1) and (2) filed
     Feb 20-2nd reading, to Rules; floor amendment (6) filed to Committee Substitute, floor amendment (5) filed
     Feb 21-posted for passage in the Regular Orders of the Day for Thursday, February 22, 2007
     Feb 23-recommitted to Judiciary (H)
     Feb 28-reported favorably, to Rules with Committee Substitute (2) ; taken from Committee, placed in the Orders of the Day; 3rd reading; floor amendment (4) ruled out of order ; passed 93-7 with Committee Substitute (2), committee amendment (1-title)
     Mar 1-received in Senate
     Mar 5-to Appropriations & Revenue (S)

Vote History