As Engrossed: H2/24/17

Similar documents
JOURNAL HALL OF THE HOUSE OF REPRESENTATIVES NINETIETH GENERAL ASSEMBLY STATE OF ARKANSAS *** CONVENED IN THE STATE CAPITOL LITTLE ROCK, ARKANSAS

Arkansas General Assembly Roster

FIRST DAY'S PROCEEDINGS. HOUSE OF REPRESENTATIVES 90 th GENERAL ASSEMBLY

JOURNAL HALL OF THE HOUSE OF REPRESENTATIVES NINETIETH GENERAL ASSEMBLY STATE OF ARKANSAS *** CONVENED IN THE STATE CAPITOL LITTLE ROCK, ARKANSAS

2018 General and Nonpartisan Runoff Election November 6, 2018

A Bill Regular Session, 2017 SENATE BILL 115

R-Republican; D-Democrat; L-Libertarian; G-Green; I-Independent FEDERAL OFFICES 4 SEATS ON THE BALLOT

AGENDA ARKANSAS LEGISLATIVE COUNCIL - JOINT BUDGET COMMITTEE BUDGET HEARINGS. Thursday, November 15, :00 AM Room A, MAC Little Rock, Arkansas

A Bill Regular Session, 2019 SENATE BILL 187

TENTATIVE AGENDA ARKANSAS LEGISLATIVE COUNCIL - JOINT BUDGET COMMITTEE BUDGET HEARINGS

91ST GENERAL ASSEMBLY ARKANSAS LEGISLATIVE

SENATE JOINT RESOLUTION

A Bill Regular Session, 2017 HOUSE BILL 1554

A Bill Regular Session, 2011 SENATE BILL 221

MEMBERS OF THE ARKANSAS HOUSE OF REPRESENTATIVES OF THE 91 st GENERAL ASSEMBLY ( ) Revised 1/26/17 (Preferred Contact Information)

A Bill Regular Session, 2013 HOUSE BILL 1752

HOUSE JOINT RESOLUTION

Hall of the House of Representatives 91st General Assembly - Regular Session, 2017 Amendment Form

A Bill Regular Session, 2017 HOUSE BILL 1551

A Bill Regular Session, 2017 HOUSE BILL 1012

HOUSE JOINT RESOLUTION

2016 General Election Analysis. Arkansas results and federal overview

Effective Dates of State Chamber/AIA Legislative Agenda Priority Bills and Additional Pro-Business Legislation Supported That Passed

A Bill Regular Session, 2017 HOUSE BILL 1880

2016 Ballot Issues provided by Garland County Election Commission

A Bill Regular Session, 2017 SENATE BILL 255

A Bill Regular Session, 2015 SENATE BILL 476

A Bill Regular Session, 2017 HOUSE BILL 1621

The Civil Rights Act of 1991

A Bill Regular Session, 2017 HOUSE BILL 1439

A Bill Regular Session, 2017 SENATE BILL 646

Stricken language would be deleted from and underlined language would be added to the Arkansas Constitution. SENATE JOINT RESOLUTION

A Bill Regular Session, 2017 HOUSE BILL 1450

92ND GENERAL ASSEMBLY ARKANSAS LEGISLATIVE ROSTER

A Bill Regular Session, 2017 SENATE BILL 601

A Bill Regular Session, 2019 HOUSE BILL 1489

INDEX ALL ROLL CALLS ARE IDENTIFIED BY RED PAGE NUMBERS 1 7, 12, 21, 67, 91, 112, 114, 115, 116, , 12, 20, 69, 91, 112, 113, 116, 119

A Bill Regular Session, 2019 HOUSE BILL 1705

A Bill Regular Session, 2013 HOUSE BILL 2078

HOUSE JOINT RESOLUTION

As Engrossed: S3/25/03. For An Act To Be Entitled AN ACT TO ENHANCE ENFORCEMENT OF ARKANSAS CODE AND ; AND FOR OTHER PURPOSES.

A Bill Regular Session, 2017 SENATE BILL 341

Speakers. Lieutenant Governor Tim Griffin. Representa ve Jon Eubanks Arkansas House of Representa ves Speaker Pro-Tem

Second Regular Session. Sixty-second General Assembly LLS NO Debbie Haskins HOUSE BILL STATE OF COLORADO.

A Bill Regular Session, 2017 SENATE BILL 294

Cite as 2018 Ark. 295 SUPREME COURT OF ARKANSAS

A Bill Regular Session, 2009 HOUSE BILL 1113

A Bill Regular Session, 2009 HOUSE BILL 1353

A Bill Regular Session, 2017 HOUSE BILL 1929

ARKANSAS SENATE 91st General Assembly - Regular Session, 2017 Amendment Form

A Bill Regular Session, 2013 HOUSE BILL 1353

A Bill Regular Session, 2011 HOUSE BILL 2021

SCR 1016 A CONCURRENT RESOLUTION ENACTING AND ORDERING THE SUBMISSION TO THE PEOPLE OF A MEASURE RELATING TO EMPLOYMENT PRACTICES.

A Bill Regular Session, 2019 HOUSE BILL 1875

A Bill Regular Session, 2017 HOUSE BILL 1733

STANDING COMMITTEES. City, County, Local Affairs

The Civil Rights Act of 1991

DRAFTING TASK FORCE S NOTES TO THE HOUSE OF DELEGATES

For An Act To Be Entitled

Tort Reform (2) The pleading specifically asserts that the medical care has and all medical records

A Bill Regular Session, 2017 HOUSE BILL 1417

Codebook. A. Effective dates: In the data set, the law is coded as if it changes from one month to

CIRCULATOR S AFFIDAVIT

A Bill Regular Session, 2017 HOUSE BILL 1766

A Bill Regular Session, 2015 SENATE BILL 2

A Bill Regular Session, 2017 HOUSE BILL 1312

SENATE BILL 480. B1, F5, J1 9lr2128 A BILL ENTITLED. Operating Budget Elimination of Inflation Adjustments

As Introduced. Regular Session H. B. No

TITLE 6 SOVEREIGN IMMUNITY

A Bill Regular Session, 2017 HOUSE BILL 1165

A Bill Regular Session, 2019 HOUSE BILL 1070

Federal Tort Trials and Verdicts,

Texas Tort Reform Legislation. By: Judge Mike Engelhart 151 st District Court

A Bill Regular Session, 2009 SENATE BILL 1005

Arkansas Hospital Association Legislative Bulletin

A Bill Regular Session, 2017 SENATE BILL 288

A Bill Regular Session, 2017 SENATE BILL 339

ANAHEIM CAMPAIGN REFORM. Anaheim Municipal Code, Chapter 1.09

CHAPTER 1. CODE INTRODUCTION. Section 100 General Provisions

A Bill Regular Session, 2017 SENATE BILL 280

Constitutional Amendment A. Following is the ballot language of Constitutional Amendment A as it will appear on the 2004 General Election ballot:

By: Representatives Gates, Rushing, Petty, Barker, Bentley, Brown, Della Rosa, Ladyman, J. Mayberry, Penzo, Rye, B. Smith HOUSE RESOLUTION

Indiana Homeowners Association Act

A Bill Regular Session, 2017 SENATE BILL 535

BOARD OF SUPERVISORS. November 2, 2010

State Laws Chart I: Liability Reforms

TITLE 6 SOVEREIGN IMMUNITY

UNREPORTED IN THE COURT OF SPECIAL APPEALS OF MARYLAND. No September Term, PRINCE GEORGE S COUNTY, MARYLAND, et al. ERSKINE TROUBLEFIELD

A Bill Regular Session, 2017 SENATE BILL 225

A Bill Regular Session, 2009 SENATE BILL 104

NOTICE OF CLASS ACTION SETTLEMENT

A Bill Regular Session, 2013 HOUSE BILL 1743

Transition to the Criminal Injuries Compensation Act of This chapter may be cited as the "Criminal Injuries Compensation Act.

j.. This court has jurisdiction over the parties and the subject matter of this

A Bill Regular Session, 2009 HOUSE BILL 1382

MUTUAL AGREEMENT TO ARBITRATE

SUPPLEMENTAL REPORT FROM THE SPECIAL MASTER UNITED STATES VICTIMS OF STATE SPONSORED TERRORISM FUND AUGUST 2017

Following is the full text and ballot language of the two (2) proposed Charter amendments: FIRST PROPOSED CHARTER AMENDMENT

Justice for United States victims of state sponsored terrorism

Session of HOUSE BILL No By Committee on Federal and State Affairs 3-19

Transcription:

Stricken language would be deleted from and underlined language would be added to the Arkansas Constitution. 0 State of Arkansas As Engrossed: H// st General Assembly Regular Session, SJR By: Senators Irvin, E. Williams, T. Garner, Bledsoe, J. Dismang, L. Eads, J. English, Files, J. Hendren, Hester, B. Johnson, Rapert, B. Sample, Standridge, D. Wallace By: Representatives Ballinger, Barker, Beck, Bentley, Bragg, Brown, Cavenaugh, Coleman, Collins, Cozart, Davis, Dotson, D. Douglas, Drown, Eaves, Eubanks, Farrer, D. Ferguson, L. Fite, Gates, Gonzales, M. Gray, Henderson, K. Hendren, Hillman, G. Hodges, Holcomb, Hollowell, Jean, Jett, Ladyman, Lemons, Lowery, Lundstrum, Lynch, Magie, McCollum, D. Meeks, Payton, Petty, Pilkington, Richmond, Rushing, Rye, B. Smith, Sorvillo, Speaks, Sturch, Vaught, Wardlaw, Warren, Watson, Womack SENATE JOINT RESOLUTION PROPOSING AN AMENDMENT TO THE ARKANSAS CONSTITUTION TO LIMIT ATTORNEYS' CONTINGENCY FEES IN CIVIL ACTIONS TO THIRTY-THREE AND ONE-THIRD PERCENT ( / %) OF THE NET RECOVERY; TO LIMIT AWARDS OF PUNITIVE DAMAGES AND NON-ECONOMIC DAMAGES IN CIVIL ACTIONS; TO REQUIRE ADJUSTMENTS TO THE LIMITATIONS ON PUNITIVE AND NON- ECONOMIC DAMAGE AWARDS FOR INFLATION OR DEFLATION; AND TO PROVIDE THAT THE GENERAL ASSEMBLY MAY, BY A THREE-FIFTHS VOTE OF EACH HOUSE, AMEND OR REPEAL A RULE OF PLEADING, PRACTICE, OR PROCEDURE PRESCRIBED BY THE SUPREME COURT AND ADOPT A RULE OF PLEADING, PRACTICE, OR PROCEDURE. Subtitle A CONSTITUTIONAL AMENDMENT LIMITING CONTINGENCY FEES AND AWARDS OF PUNITIVE AND NON-ECONOMIC DAMAGES; AND CHANGING THE POWERS OF THE GENERAL ASSEMBLY AND THE SUPREME COURT REGARDING RULES OF PLEADING, PRACTICE, AND PROCEDURE. *MBM0* 0-0- :0: MBM0

As Engrossed: H// SJR 0 BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-FIRST GENERAL ASSEMBLY OF THE STATE OF ARKANSAS AND BY SENATE, A MAJORITY OF ALL MEMBERS ELECTED TO EACH HOUSE AGREEING THERETO: That the following is proposed as an amendment to the Constitution of the State of Arkansas, and upon being submitted to the electors of the state for approval or rejection at the next general election for Representatives and Senators, if a majority of the electors voting thereon at the election adopt the amendment, the amendment shall become a part of the Constitution of the State of Arkansas, to wit: SECTION. Arkansas Constitution, Article, is amended to add an additional section to read as follows:. Contingency fees. (a) As used in this section, "contingency fee" means an attorney's fee that is paid only if the claimant recovers money by way of settlement, arbitration, or judgment. (b) A contingency fee for legal representation in a civil action shall not exceed thirty-three and one-third percent ( / %) of the net amount of the recovery, whether obtained by settlement, arbitration, or judgment. (c) Beginning with the regular session, by a majority vote of each house, the General Assembly shall enact laws necessary for the proper implementation of this section, including without limitation laws: () Establishing penalties for contingency fees that exceed the maximum under this section; and () Defining terms in subsection (b) of this section as necessary, including without limitation defining the phrase "net amount of the recovery". (d) By a two-thirds vote of each house, the General Assembly may enact laws amending the maximum percentage for contingency fees for legal representation under subdivision (b) of this section. SECTION. Arkansas Constitution, Article, Section, is amended to read as follows:. Workmen's Compensation Laws Actions for personal injuries 0-0- :0: MBM0

As Engrossed: H// SJR 0 resulting in death or injuries to persons or property. (a) As used in this section: () "Non-economic damages" means damages that cannot be measured in money, including without limitation any loss or damage, however characterized, for pain and suffering, mental and emotional distress, loss of life or companionship, or visible result of injury; and () "Punitive damages" means damages to punish and deter wrongful conduct. (b) The General Assembly shall have power to enact laws prescribing the amount of compensation to be paid by employers for injuries to or death of employees, and to whom said payment shall be made. It shall have power to provide the means, methods, and forum for adjudicating claims arising under said laws, and for securing payment of same. Provided, that otherwise, except as provided in subsections (c), (d), and (e) of this section, no law shall be enacted limiting the amount to be recovered for injuries resulting in death or for injuries to persons or property; and in case of death from such injuries the right of action shall survive, and the General Assembly shall prescribe for whose benefit such action shall be prosecuted. (c)() Punitive damage awards for each claimant in actions for injuries resulting in death and actions for injuries to persons or property, including without limitation medical injuries, shall not exceed the greater of: (A) Five hundred thousand dollars ($00,000); or (B) Three () times the amount of compensatory damages awarded to the claimant. () Subdivision (c)() of this section does not apply if the finder of fact determines by clear and convincing evidence that: (A) The defendant intentionally pursued a course of conduct for the purpose of causing injury or damage to the claimant; and (B) The defendant's intentional conduct harmed the claimant. ()(A) Except as provided in subsection (e) of this section, by a two-thirds vote of each house, the General Assembly may enact laws increasing the limitations under subdivisions (c)()(a) and (B) of this section. (B) Except as provided in subsection (e) of this section, 0-0- :0: MBM0

As Engrossed: H// SJR 0 the General Assembly shall not enact laws decreasing the limitations under subdivisions (c)()(a) and (B) of this section. (d)() Non-economic damage awards in actions for injuries resulting in death and actions for injuries to persons or property, including without limitation medical injuries, shall be limited to: (A) Five hundred thousand dollars ($00,000) for each claimant; and (B) Five hundred thousand dollars ($00,000) for all beneficiaries of an individual decedent in the aggregate in an action for injuries resulting in death. ()(A) Except as provided in subsection (e) of this section, by a two-thirds vote of each house, the General Assembly may enact laws increasing the limitations under subdivisions (d)()(a) and (B) of this section. (B) Except as provided in subsection (e) of this section, the General Assembly shall not enact laws decreasing the limitations under subdivisions (d)()(a) and (B) of this section. (e)() By a majority vote of each house, the General Assembly during its regular session shall enact laws adopting a procedure to adjust the dollar figures under subsections (c) and (d) of this section for inflation or deflation in future years. () The procedure for adjustment under subdivision (e)() of this section shall: (A) Provide for adjustments intended only to compensate for inflation or deflation; (B) Be based upon the Consumer Price Index or a comparable index chosen by the General Assembly; and (C) Permit rounding to the nearest one hundred dollars ($00). () Beginning with the regular session, by a two-thirds vote of each house, the General Assembly may enact laws amending the procedure enacted by law under subsection (e)() of this section. SECTION. Amendment 0,, is amended to read as follows:. Rules of pleading, practice, and procedure. (a) The Supreme Court shall prescribe the rules of pleading, practice, 0-0- :0: MBM0

As Engrossed: H// SJR 0 and procedure for all courts, subject to subsections (b)-(e) of this section; provided these rules shall not abridge, enlarge or modify any substantive right and shall preserve the right of trial by jury as declared in this Constitution. (b)() By a three-fifths vote of each house, the General Assembly may enact laws: (A) Amending or repealing a rule of pleading, practice, or procedure prescribed by the Supreme Court; and (B) Adopting on its own initiative a rule of pleading, practice, or procedure. () A rule of pleading, practice, or procedure enacted by law by the General Assembly shall supersede a conflicting rule of pleading, practice, or procedure prescribed by the Supreme Court. (c) Rules of pleading, practice, and procedure under this section shall preserve the right of trial by jury as declared in this Constitution. (d) Rules of pleading, practice, and procedure in effect on January,, shall continue in effect until amended, superseded, or repealed under this section. (e) Rules of pleading, practice, and procedure under this section include without limitation rules governing the presentation and admission of evidence. SECTION. Arkansas Constitution, Amendment 0,, is amended to read as follows:. Annulment or amendment of rules. Any rules promulgated by the Supreme Court pursuant to Sections, (B), (B), (D), or of this Amendment may be annulled or amended, in whole or in part, by a two-thirds (/) three-fifths vote of the membership of each house of the General Assembly. SECTION. SEVERABILITY. The provisions of this amendment are severable, and if any should be held invalid, the remainder shall stand. SECTION. EFFECTIVE DATE. This amendment: () Is effective on and after January, ; and () Applies to all: 0-0- :0: MBM0

As Engrossed: H// SJR 0 (A) Civil actions that accrue on and after January, ; and (B) Contingency fee agreements signed on and after January,. SECTION. BALLOT TITLE AND POPULAR NAME. (a) When presented on the general election ballot, the popular name for this proposed amendment shall be "An Amendment Concerning Civil Lawsuits and the Powers of the General Assembly and Supreme Court to Adopt Court Rules." (b) When presented on the general election ballot, the ballot title for this proposed amendment shall be "A proposed amendment to the Arkansas Constitution providing that a contingency fee for an attorney in a civil lawsuit shall not exceed thirty-three and one-third percent ( / %) of the net recovery; defining contingency fee as an attorney s fee that is paid only if the claimant recovers money; providing that the General Assembly may amend the foregoing percentage by a two-thirds (/) vote of each house; limiting punitive damages awards for each claimant in lawsuits for personal injury, property damage, or wrongful death to the greater of (i) five hundred thousand dollars ($00,000), or (ii) three () times the amount of compensatory damages awarded; defining punitive damages as damages assessed to punish and deter wrongful conduct; providing that the General Assembly may not decrease the foregoing limitations on punitive damages but may increase the limitations by a two-thirds (/) vote of each house; providing that the limitations on punitive damages do not apply if the factfinder determines by clear and convincing evidence that the defendant intentionally pursued a course of conduct for the purpose of causing injury or damage to the claimant and that such intentional conduct harmed the claimant; limiting awards of non-economic damages in lawsuits for personal injury, property damage, or wrongful death to (i) five hundred thousand dollars ($00,000) for each claimant, or (ii) five hundred thousand dollars ($00,000) for all beneficiaries of an individual deceased person in the aggregate in a lawsuit for wrongful death; defining non-economic damages as damages that cannot be measured in money, including pain and suffering, mental and emotional distress, loss of life or companionship, or visible result of injury; providing that the General Assembly may not decrease the foregoing limitations on non-economic damages but may increase the limitations by a 0-0- :0: MBM0

As Engrossed: H// SJR 0 two-thirds (/) vote of each house; providing that the General Assembly shall adopt a procedure to adjust the dollar limitations on punitive damages and non-economic damages in future years to account for inflation or deflation; providing that the Supreme Court s power to prescribe rules of pleading, practice, and procedure for courts is subject to the provisions of this amendment; providing that the General Assembly, by a three-fifths vote of each house, may amend or repeal a rule prescribed by the Supreme Court and may adopt other rules of pleading, practice, or procedure on its own initiative; providing that rules of pleading, practice, and procedure in effect on January,, shall continue in effect until amended, superseded, or repealed under the provisions of this amendment; providing that a rule of pleading, practice, or procedure enacted by the General Assembly shall supersede a conflicting rule of pleading, practice, or procedure prescribed by the Supreme Court; providing that certain other rules promulgated by the Supreme Court may be annulled or amended by a three-fifths (/) vote of each house of the General Assembly instead of a two-thirds (/) vote as presently stated in the Arkansas Constitution; and providing that this amendment becomes effective on January,." /s/irvin 0-0- :0: MBM0