HC0114_S_Cmte_Amend

That the following bill is hereby exempt from the timetable for consideration of bills provided by Joint Rule No. 40, and that consent is hereby given for further consideration of Senate Bill No. 2763, 2004 Regular Session, entitled "AN ACT TO AMEND SECTION 1-11-3, MISSISSIPPI CODE OF 1972, TO REVISE THE VENUE IN GENERAL CIVIL ACTIONS; TO AMEND SECTION 11-1-60, MISSISSIPPI CODE OF 1972, TO PROVIDE LIMITATIONS ON NONECONOMIC DAMAGES IN ALL CIVIL ACTIONS; TO AMEND SECTION 11-1-63, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT A PRODUCT SELLER OTHER THAN A MANUFACTURER SHALL NOT BE LIABLE FOR A LATENT DEFECT IF THE SELLER IS A MERE CONDUIT WHO PURCHASED THE PRODUCT FROM A REPUTABLE MANUFACTURER; TO AMEND SECTION 11-1-65, MISSISSIPPI CODE OF 1972, TO PROHIBIT MULTIPLE PUNITIVE DAMAGE AWARDS FOR THE SAME CONDUCT OF A DEFENDANT EXCEPT IN CERTAIN CASES, TO PROHIBIT PUNITIVE DAMAGES AGAINST A DEFENDANT FOR ANY REGULATED ACTIVITY CONDUCTED IN COMPLIANCE WITH FEDERAL AND STATE REGULATIONS, AND TO REVISE THE MAXIMUM AMOUNT OF PUNITIVE DAMAGE AWARDS; TO AMEND SECTION 11-1-66, MISSISSIPPI CODE OF 1972, TO REVISE THE IMMUNITY OF PREMISES OWNERS FROM CIVIL LIABILITY; TO AMEND SECTION 85-5-7, MISSISSIPPI CODE OF 1972, TO REVISE THE LIMITATION OF JOINT AND SEVERAL LIABILITY FOR DAMAGES CAUSED BY TWO OR MORE PERSONS; TO REPEAL SECTION 11-1-64, MISSISSIPPI CODE OF 1972, WHICH PROVIDES THE PROCEDURE FOR DISMISSING A DEFENDANT WHOSE LIABILITY IS BASED SOLELY ON HIS STATUS AS A SELLER IN THE STREAM OF COMMERCE; TO AMEND SECTION 13-5-1, MISSISSIPPI CODE OF 1972, TO ELIMINATE CERTAIN JUROR DISQUALIFICATIONS; TO AMEND SECTION 13-5-23, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT JURORS CAN ONLY BE EXCUSED FROM SERVICE FOR ILLNESS OR UNDUE HARDSHIP; TO CODIFY SECTION 13-5-24, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT JURORS CAN POSTPONE JURY SERVICE ONE TIME ONLY; TO AMEND SECTION 13-5-25, MISSISSIPPI CODE OF 1972, TO LIMIT THE FREQUENCY OF JURY SERVICE; TO AMEND SECTION 13-5-28, MISSISSIPPI CODE OF 1972, TO REQUIRE NOTICE OF JURY SERVICE EXEMPTION ENTITLEMENT TO BE INCLUDED IN JUROR SUMMONSES; TO AMEND SECTION 13-5-34, MISSISSIPPI CODE OF 1972, TO REVISE THE PUNISHMENT FOR FAILURE TO APPEAR FOR JURY SERVICE; TO CODIFY SECTION 13-5-99, MISSISSIPPI CODE OF 1972, TO PROVIDE EMPLOYMENT PROTECTIONS FOR JURORS; TO AMEND SECTION 25-7-61, MISSISSIPPI CODE OF 1972, TO CREATE A LENGTHY TRIAL FUND; TO AMEND SECTION 33-1-5, MISSISSIPPI CODE OF 1972, TO ELIMINATE CERTAIN JUROR EXEMPTIONS; TO REPEAL SECTIONS 41-17-7 AND 47-5-55, MISSISSIPPI CODE OF 1972, WHICH PROVIDE CERTAIN EXEMPTIONS FROM JURY SERVICE; TO PROVIDE THAT ALL MALPRACTICE CLAIMS SHALL BE REVIEWED BY A MEDICAL REVIEW PANEL; TO ALLOW PARTIES TO MUTUALLY AGREE TO OPT OUT OF THIS REQUIREMENT; TO ESTABLISH THE MEMBERSHIP REVIEW PANEL; TO PROVIDE WHAT EVIDENCE MAY BE CONSIDERED BY THE PANEL; TO PROVIDE THE FORM OF THE DECISION; TO PROVIDE FOR PANELIST IMMUNITY AND COMPENSATION; TO PROVIDE THAT THE LOSING PARTY SHALL PAY ATTORNEY FEES TO THE PREVAILING PARTY UNDER CERTAIN CIRCUMSTANCES; AND FOR RELATED PURPOSES."

BE IT FURTHER RESOLVED BY THE HOUSE OF REPRESENTATIVES OF THE STATE OF MISSISSIPPI, THE SENATE CONCURRING THEREIN, That the following bill is hereby exempt from the timetable for consideration of bills provided by Joint Rule No. 40, and that consent is hereby given for further consideration of House Bill No. 1569, 2004 Regular Session, entitled "AN ACT TO AMEND SECTION 83-48-5, MISSISSIPPI CODE OF 1972, TO EXPAND THE MEDICAL MALPRACTICE INSURANCE AVAILABILITY PLAN THAT IS ADMINISTERED BY THE MISSISSIPPI TORT CLAIMS BOARD TO MAKE AVAILABLE PRIOR ACTS EXTENDED REPORTING PERIOD COVERAGE TO ALL PARTICIPANTS OF THE PLAN AT ADDITIONAL PREMIUM ASSESSMENTS FOR SUCH COVERAGE AND TO PAY ALL MEDICAL MALPRACTICE INSURANCE PREMIUMS FOR CERTAIN RETIRED PHYSICIANS WHO PROVIDE VOLUNTEER UNPAID HEALTH CARE SERVICES; TO AMEND SECTION 11-46-1, MISSISSIPPI CODE OF 1972, TO REVISE THE DEFINITION OF "EMPLOYEE" FOR PURPOSES OF LIMITED LIABILITY UNDER THE TORT CLAIMS BOARD TO INCLUDE THOSE PHYSICIANS WHO PROVIDE HEALTH CARE SERVICES TO MEDICAID RECIPIENTS, STATE AND SCHOOL EMPLOYEES HEALTH INSURANCE PLAN PARTICIPANTS AND CHILDREN'S HEALTH INSURANCE PROGRAM PARTICIPANTS IF AT LEAST THIRTY-FIVE PERCENT OF THE PHYSICIAN'S PATIENTS ARE MEDICAID RECIPIENTS, OR NOT TO EXCEED ONE HUNDRED TWENTY-FIVE PHYSICIANS; TO INCLUDE CERTAIN RETIRED PHYSICIANS WHO PROVIDE VOLUNTEER UNPAID HEALTH CARE SERVICES TO ANY PUBLIC ENTITY OR PRIVATE ENTITY; TO CREATE IN THE STATE TREASURY A SPECIAL FUND TO THE CREDIT OF THE MISSISSIPPI TORT CLAIMS BOARD WHICH SHALL BE COMPRISED OF ANY FUNDS MADE AVAILABLE FOR THE FUND BY THE LEGISLATURE; TO PROVIDE THAT MONIES IN THE SPECIAL FUND SHALL BE EXPENDED BY THE MISSISSIPPI TORT CLAIMS BOARD TO PROVIDE ADDITIONAL FUNDS FOR PRIOR ACT COVERAGE FOR PLAN PARTICIPANTS AND TO PAY THE MEDICAL MALPRACTICE PREMIUMS FOR THOSE RETIRED PHYSICIANS DESCRIBED HEREIN; TO CREATE AN ADVISORY COUNCIL TO ASSIST THE MISSISSIPPI TORT CLAIMS BOARD IN DETERMINING WHETHER A PHYSICIAN MEETS THE PERCENTAGE REQUIREMENT NECESSARY TO QUALIFY AS AN EMPLOYEE FOR LIMITED LIABILITY PURPOSES; TO PROVIDE RATES FOR COPIES OF MEDICAL RECORDS THAT MAY BE CHARGED BY MEDICAL PROVIDERS AND FACILITIES; AND FOR RELATED PURPOSES."

A CONCURRENT RESOLUTION SUSPENDING THE DEADLINES FOR THE PURPOSE OF THE FURTHER CONSIDERATION AND PASSAGE OF SENATE BILL NO. 2763, 2004 REGULAR SESSION, ENTITLED "AN ACT TO AMEND SECTION 11-11-3, MISSISSIPPI CODE OF 1972, TO REVISE THE VENUE IN GENERAL CIVIL ACTIONS; TO AMEND SECTION 11-1-60, MISSISSIPPI CODE OF 1972, TO PROVIDE LIMITATIONS ON NONECONOMIC DAMAGES IN ALL CIVIL ACTIONS; TO AMEND SECTION 11-1-63, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT A PRODUCT SELLER OTHER THAN A MANUFACTURER SHALL NOT BE LIABLE FOR A LATENT DEFECT IF THE SELLER IS A MERE CONDUIT WHO PURCHASED THE PRODUCT FROM A REPUTABLE MANUFACTURER; TO AMEND SECTION 11-1-65, MISSISSIPPI CODE OF 1972, TO PROHIBIT MULTIPLE PUNITIVE DAMAGE AWARDS FOR THE SAME CONDUCT OF A DEFENDANT EXCEPT IN CERTAIN CASES, TO PROHIBIT PUNITIVE DAMAGES AGAINST A DEFENDANT FOR ANY REGULATED ACTIVITY CONDUCTED IN COMPLIANCE WITH FEDERAL AND STATE REGULATIONS, AND TO REVISE THE MAXIMUM AMOUNT OF PUNITIVE DAMAGE AWARDS; TO AMEND SECTION 11-1-66, MISSISSIPPI CODE OF 1972, TO REVISE THE IMMUNITY OF PREMISES OWNERS FROM CIVIL LIABILITY; TO AMEND SECTION 85-5-7, MISSISSIPPI CODE OF 1972, TO REVISE THE LIMITATION OF JOINT AND SEVERAL LIABILITY FOR DAMAGES CAUSED BY TWO OR MORE PERSONS; TO REPEAL SECTION 11-1-64, MISSISSIPPI CODE OF 1972, WHICH PROVIDES THE PROCEDURE FOR DISMISSING A DEFENDANT WHOSE LIABILITY IS BASED SOLELY ON HIS STATUS AS A SELLER IN THE STREAM OF COMMERCE; TO AMEND SECTION 13-5-1, MISSISSIPPI CODE OF 1972, TO ELIMINATE CERTAIN JUROR DISQUALIFICATIONS; TO AMEND SECTION 13-5-23, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT JURORS CAN ONLY BE EXCUSED FROM SERVICE FOR ILLNESS OR UNDUE HARDSHIP; TO CODIFY SECTION 13-5-24, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT JURORS CAN POSTPONE JURY SERVICE ONE TIME ONLY; TO AMEND SECTION 13-5-25, MISSISSIPPI CODE OF 1972, TO LIMIT THE FREQUENCY OF JURY SERVICE; TO AMEND SECTION 13-5-28, MISSISSIPPI CODE OF 1972, TO REQUIRE NOTICE OF JURY SERVICE EXEMPTION ENTITLEMENT TO BE INCLUDED IN JUROR SUMMONSES; TO AMEND SECTION 13-5-34, MISSISSIPPI CODE OF 1972, TO REVISE THE PUNISHMENT FOR FAILURE TO APPEAR FOR JURY SERVICE; TO CODIFY SECTION 13-5-99, MISSISSIPPI CODE OF 1972, TO PROVIDE EMPLOYMENT PROTECTIONS FOR JURORS; TO AMEND SECTION 25-7-61, MISSISSIPPI CODE OF 1972, TO CREATE A LENGTHY TRIAL FUND; TO AMEND SECTION 33-1-5, MISSISSIPPI CODE OF 1972, TO ELIMINATE CERTAIN JUROR EXEMPTIONS; TO REPEAL SECTIONS 41-17-7 AND 47-5-55, MISSISSIPPI CODE OF 1972, WHICH PROVIDE CERTAIN EXEMPTIONS FROM JURY SERVICE; TO PROVIDE THAT ALL MALPRACTICE CLAIMS SHALL BE REVIEWED BY A MEDICAL REVIEW PANEL; TO ALLOW PARTIES TO MUTUALLY AGREE TO OPT OUT OF THIS REQUIREMENT; TO ESTABLISH THE MEMBERSHIP REVIEW PANEL; TO PROVIDE WHAT EVIDENCE MAY BE CONSIDERED BY THE PANEL; TO PROVIDE THE FORM OF THE DECISION; TO PROVIDE FOR PANELIST IMMUNITY AND COMPENSATION; TO PROVIDE THAT THE LOSING PARTY SHALL PAY ATTORNEY FEES TO THE PREVAILING PARTY UNDER CERTAIN CIRCUMSTANCES; AND FOR RELATED PURPOSES." AND SUSPENDING THE DEADLINES FOR THE PURPOSE OF THE FURTHER CONSIDERATION AND PASSAGE OF HOUSE BILL NO. 1569, 2004 REGULAR SESSION, ENTITLED "AN ACT TO AMEND SECTION 83-48-5, MISSISSIPPI CODE OF 1972, TO EXPAND THE MEDICAL MALPRACTICE INSURANCE AVAILABILITY PLAN THAT IS ADMINISTERED BY THE MISSISSIPPI TORT CLAIMS BOARD TO MAKE AVAILABLE PRIOR ACTS EXTENDED REPORTING PERIOD COVERAGE TO ALL PARTICIPANTS OF THE PLAN AT ADDITIONAL PREMIUM ASSESSMENTS FOR SUCH COVERAGE AND TO PAY ALL MEDICAL MALPRACTICE INSURANCE PREMIUMS FOR CERTAIN RETIRED PHYSICIANS WHO PROVIDE VOLUNTEER UNPAID HEALTH CARE SERVICES; TO AMEND SECTION 11-46-1, MISSISSIPPI CODE OF 1972, TO REVISE THE DEFINITION OF "EMPLOYEE" FOR PURPOSES OF LIMITED LIABILITY UNDER THE TORT CLAIMS BOARD TO INCLUDE THOSE PHYSICIANS WHO PROVIDE HEALTH CARE SERVICES TO MEDICAID RECIPIENTS, STATE AND SCHOOL EMPLOYEES HEALTH INSURANCE PLAN PARTICIPANTS AND CHILDREN'S HEALTH INSURANCE PROGRAM PARTICIPANTS IF AT LEAST THIRTY-FIVE PERCENT OF THE PHYSICIAN'S PATIENTS ARE MEDICAID RECIPIENTS, OR NOT TO EXCEED ONE HUNDRED TWENTY-FIVE PHYSICIANS; TO INCLUDE CERTAIN RETIRED PHYSICIANS WHO PROVIDE VOLUNTEER UNPAID HEALTH CARE SERVICES TO ANY PUBLIC ENTITY OR PRIVATE ENTITY; TO CREATE IN THE STATE TREASURY A SPECIAL FUND TO THE CREDIT OF THE MISSISSIPPI TORT CLAIMS BOARD WHICH SHALL BE COMPRISED OF ANY FUNDS MADE AVAILABLE FOR THE FUND BY THE LEGISLATURE; TO PROVIDE THAT MONIES IN THE SPECIAL FUND SHALL BE EXPENDED BY THE MISSISSIPPI TORT CLAIMS BOARD TO PROVIDE ADDITIONAL FUNDS FOR PRIOR ACT COVERAGE FOR PLAN PARTICIPANTS AND TO PAY THE MEDICAL MALPRACTICE PREMIUMS FOR THOSE RETIRED PHYSICIANS DESCRIBED HEREIN; TO CREATE AN ADVISORY COUNCIL TO ASSIST THE MISSISSIPPI TORT CLAIMS BOARD IN DETERMINING WHETHER A PHYSICIAN MEETS THE PERCENTAGE REQUIREMENT NECESSARY TO QUALIFY AS AN EMPLOYEE FOR LIMITED LIABILITY PURPOSES; TO PROVIDE RATES FOR COPIES OF MEDICAL RECORDS THAT MAY BE CHARGED BY MEDICAL PROVIDERS AND FACILITIES; AND FOR RELATED PURPOSES."