Senate confronted with hot-button political issues

DES MOINES – The Iowa Senate came close Wednesday evening to engaging in a wide-ranging floor debate that could have included the rights of the unborn, the definition of marriage and an expansion of monetary damages that could be recovered in wrongful death cases.

At issue was House File 758, a bill that sought to add loss of enjoyment of life to the economic damages that could be recovered in the wrongful or negligent injury of death of a person. The loss was to be measured separate and apart from the economic productive value of a decedent had the person lived, according to the bill.

Senate Republican Leader Paul McKinley of Chariton, in an interview, called the proposed legislation “very, very troubling” because it would significantly expand potential payouts for lawsuits by attempting to “put a price tag” on loss of enjoyment in legal terms.

“It was an exceedingly bad piece of legislation. It would be the most liberal piece of legislation in the land, giving trial attorneys literally a key to the treasury,” he said. “It would make a much richer environment in which to launch lawsuits. This was over the top.”

In response, Republican senators crafted amendments that would create a cause of action for the death of an unborn child and that separately would define a spouse for the purposes of recovering damages as “a person of the opposite sex who was married to the decedent at the time of the decedent's death.”

Shortly after debate was to resume once a break was taken to draft the amendments, Senate Majority Leader Mike Gronstal, D-Council Bluffs, deferred on the measure and the Senate adjourned.

Gronstal said he had “no idea” if the bill would be called up for debate again with lawmakers trying to adjourn their 2010 session yet this week. “I've made no commitments,” he said.

Had debate continued, Sen. Merlin Bartz, R-Grafton, one of the amendment drafters, said it would have given senators an opportunity to talk about their stances on life and marriage issues.

“It will be interesting to see what the final outcome is,” Bartz said. “Generally, a majority leader doesn't bring up a bill unless they have the votes to pass it.”

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