SENATE AMENDMENT
    Bill No. CS for SB 2-B
    Amendment No. ___   Barcode 500628
                            CHAMBER ACTION
              Senate                               House
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       06/19/2003 12:01 PM         .                    
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11  Senator Diaz de la Portilla moved the following amendment:
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13         Senate Amendment (with title amendment) 
14         On page 131, line 29, through
15            page 132, line 7, delete those lines
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17  and insert:  not exceed $250,000 per defendant, regardless of
18  the number of claimants involved in the action, subject to the
19  limitations set forth in subsection (2). The maximum amount of
20  noneconomic damages that may be awarded under this section
21  must be adjusted each year on July 1 to reflect the rate of
22  inflation or deflation as indicated by the Consumer Price
23  Index for All Urban Consumers published by the United States
24  Department of Labor. However, the maximum amount of
25  noneconomic damages which may be awarded may not be less than
26  $250,000.
27         (2)  Notwithstanding subsection (1), a trier of fact
28  may award noneconomic damages under this section in excess of
29  the limits in subsection (1) in cases in which the trier of
30  fact determines that there is a substantial or permanent loss
31  or impairment of a bodily function, substantial disfigurement,
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    8:30 AM   06/19/03                             s0002Bc1c-36j02


                                                  SENATE AMENDMENT
    Bill No. CS for SB 2-B
    Amendment No. ___   Barcode 500628
 1  or other special circumstances in the case which warrant a
 2  determination that the imposition of such limitation would
 3  deprive the claimant of just compensation for the injuries
 4  sustained.
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 8  And the title is amended as follows:
 9         On page 14, line 24, after the second semicolon,
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11  insert:
12         providing for cost-of-living adjustments to the
13         maximum amount of noneconomic damages;
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    8:30 AM   06/19/03                             s0002Bc1c-36j02