HOUSE AMENDMENT

                                                  Bill No. HB 3879

    Amendment No. 1 (for drafter's use only)

                            CHAMBER ACTION
              Senate                               House
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 5                                           ORIGINAL STAMP BELOW

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11  Representative(s) Logan offered the following:

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13         Amendment 

14         On page 1, between lines 20 and 21 of the bill

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16  insert:  (1)  In any action to which this part applies in

17  which liability is admitted or is determined by the trier of

18  fact and in which damages are awarded to compensate the

19  claimant for losses sustained, the court shall reduce the

20  amount of such award by the total of all amounts which have

21  been paid for the benefit of the claimant, or which are

22  otherwise available to the claimant, from all collateral

23  sources; however, except in the case of compensation received

24  or payable under workers' compensation, there shall be no

25  reduction for collateral sources for which a subrogation or

26  reimbursement right exists. Such reduction shall be offset to

27  the extent of any amount which has been paid, contributed, or

28  forfeited by, or on behalf of, the claimant or members of the

29  claimant's immediate family to secure her or his right to any

30  collateral source benefit which the claimant is receiving as a

31  result of her or his injury.

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    File original & 9 copies    03/05/98
    hjc0002                     03:22 pm         03879-0103-420265