PRIOR PRINTER'S NOS. 3135, 3321               PRINTER'S NO. 3664

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 2437 Session of 1978


        INTRODUCED BY MESSRS. BERSON, DORR, CAPUTO, MORRIS, RUGGIERO,
           BRANDT, LEVI, SCHEAFFER, W. D. HUTCHINSON, MOEHLMANN,
           STAPLETON, SCIRICA, YOHN, IRVIS, MANDERINO, BRUNNER AND
           SPENCER, APRIL 19, 1978

        AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES,
           SEPTEMBER 12, 1978

                                     AN ACT

     1  Amending Titles 1 (General Provisions) and 42 (Judiciary and
     2     Judicial Procedure) of the Pennsylvania Consolidated
     3     Statutes, RESPONDING TO AND PRESCRIBING LIMITATIONS ON         <--
     4     DECISIONAL LAW, reaffirming sovereign immunity as provided in
     5     section 11 of Article I of the Constitution of Pennsylvania,
     6     preserving sovereign immunity as a bar to claims brought
     7     against Commonwealth agencies and their officials and
     8     employees; specifically waiving sovereign immunity as
     9     provided by the Constitution in certain limited cases;
    10     granting jurisdiction to certain courts over claims brought
    11     against Commonwealth agencies; providing for limitations upon
    12     and the procedures relating to said claims; authorizing rules
    13     and regulations; SUSPENDING CERTAIN JUDICIAL PROCEEDINGS       <--
    14     UNTIL JULY 1, 1979, SHORTENING THE STATUTES OF LIMITATIONS IN
    15     CERTAIN CASES; and repealing certain laws.

    16     The General Assembly of the Commonwealth of Pennsylvania
    17  hereby enacts as follows:
    18     Section 1.  Title 1, act of November 25, 1970 (P.L.707,
    19  No.230), known as the Pennsylvania Consolidated Statutes, is
    20  amended by adding a part to read:
    21                              PART VI
    22            IMPLEMENTATION OF CONSTITUTIONAL PROVISIONS
    23  Chapter

     1    23.  Implementation of Constitutional Provisions
     2                             CHAPTER 23
     3            IMPLEMENTATION OF CONSTITUTIONAL PROVISIONS
     4  Sec.
     5  2310.  Sovereign immunity reaffirmed; specific waiver.
     6  § 2310.  Sovereign immunity reaffirmed; specific waiver.
     7     Pursuant to section 11 of Article I of the Constitution of
     8  Pennsylvania, it is hereby declared to be the intent of the
     9  General Assembly that the Commonwealth, and its officials and
    10  employees acting within the scope of their duties, shall
    11  continue to enjoy sovereign and official immunity and remain
    12  immune from suit except as the General Assembly shall
    13  specifically waive the immunity. When the General Assembly
    14  specifically waives sovereign immunity, a claim against the
    15  Commonwealth and its officials and employees shall be brought
    16  only in such manner and in such courts and in such cases as
    17  directed by the provisions of Title 42 (relating to judiciary
    18  and judicial procedure) unless otherwise specifically authorized
    19  by statute.
    20     Section 2.  Sections 761(a) and (c), 762(a)(1), 931(a) and
    21  (c), 5101(b), 5110, 5111 and 5522(a) of Title 42 are amended or
    22  added to read:
    23  § 761.  Original jurisdiction.
    24     (a)  General rule.--The Commonwealth Court shall have
    25  original jurisdiction of all civil actions or proceedings:
    26         (1)  Against the Commonwealth government, including any
    27     officer thereof, acting in his official capacity, except:
    28             (i)  actions or proceedings in the nature of
    29         applications for a writ of habeas corpus or post-
    30         conviction relief not ancillary to proceedings within the
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     1         appellate jurisdiction of the court; [and]
     2             (ii)  eminent domain proceedings; and
     3             (iii)  actions on claims in which sovereign immunity
     4         has been waived pursuant to section 5110 (relating to
     5         limited waiver of sovereign immunity) and pursuant to the
     6         act of May 20, 1937 (P.L.728, No.193), referred to as the
     7         Board of Arbitration of Claims Act.
     8         (2)  By the Commonwealth government, including any
     9     officer thereof, acting in his official capacity, except
    10     eminent domain proceedings.
    11         (3)  Original jurisdiction of which is vested in the
    12     Commonwealth Court by any statute hereafter enacted.
    13     * * *
    14     (c)  No waiver of sovereign immunity.--The provisions of
    15  subsection (a)(1) relating to actions or proceedings against the
    16  Commonwealth shall not be construed as a waiver by the
    17  Commonwealth of immunity to suit except as specifically waived
    18  pursuant to section 5110 (relating to limited waiver of
    19  sovereign immunity) or pursuant to the act of May 20, 1937
    20  (P.L.728, No.193), referred to as the Board of Arbitration of
    21  Claims Act.
    22     * * *
    23  § 762.  Appeals from courts of common pleas.
    24     (a)  General rule.--Except as provided in subsection (b), the
    25  Commonwealth Court shall have exclusive jurisdiction of appeals
    26  from final orders of the courts of common pleas in any of the
    27  following cases:
    28         (1)  Commonwealth civil cases.--All civil actions or
    29     proceedings to which the Commonwealth or any officer or
    30     employee thereof, acting in his official capacity or within
    19780H2437B3664                  - 3 -

     1     the scope of his duties, is a party, including actions or
     2     claims in which sovereign immunity has been waived pursuant
     3     to section 5110 (relating to limited waiver of sovereign
     4     immunity, except actions or proceedings in the nature of
     5     applications for a writ of habeas corpus or post-conviction
     6     relief not ancillary to proceedings within the appellate
     7     jurisdiction of the court.
     8     * * *
     9  § 931.  Original jurisdiction and venue.
    10     (a)  General rule.--Except where exclusive original
    11  jurisdiction of an action or proceeding is by statute or by
    12  general rule adopted pursuant to section 503 (relating to
    13  reassignment of matters) vested in another court of this
    14  Commonwealth, the courts of common pleas shall have unlimited
    15  original jurisdiction of all actions and proceedings, including
    16  all actions and proceedings heretofore cognizable by law or
    17  usage in the courts of common pleas and actions pursuant to
    18  section 5110 (relating to limited waiver of sovereign immunity).
    19     * * *
    20     (c)  Venue [and process.--The] .--Except for the manner in
    21  which actions against a Commonwealth agency, its officials and
    22  employees may be brought, the venue of a court of common pleas
    23  concerning matters over which jurisdiction is conferred by this
    24  section shall be as prescribed by general rule. Actions for
    25  claims against a Commonwealth agency, its officials and
    26  employees, may be brought in and only in a county in which the
    27  principal or local office of the Commonwealth agency is located
    28  or in which the cause of action arose or where the transaction
    29  or occurrence took place out of which the cause of action arose.
    30  If venue is obtained in the Twelfth Judicial District (Dauphin
    19780H2437B3664                  - 4 -

     1  County) solely because the principal office of the Commonwealth
     2  agency is located within it, any judge of the Court of Common
     3  Pleas of the Twelfth Judicial District (Dauphin County) shall
     4  have the power to remove the action to any appropriate county
     5  where venue would otherwise lie.
     6     (d)  Process.--Service of process in the case of an action
     7  against the Commonwealth shall be made at the principal or local
     8  office of the Commonwealth agency that is being sued and at the
     9  office of the Attorney General. The process of the court shall
    10  extend beyond the territorial limits of the judicial district to
    11  the extent prescribed by general rule. Except as otherwise
    12  prescribed by general rule, in a proceeding to enforce an order
    13  of a government agency the process of the court shall extend
    14  throughout this Commonwealth.
    15  § 5101.  Remedy to exist for legal injury.
    16     * * *
    17     (b)  No waiver of sovereign immunity.--The provisions of
    18  subsection (a) shall not be construed as a waiver by the
    19  Commonwealth of immunity to suit except for actions pursuant to
    20  section 5110 (relating to limited waiver of sovereign immunity).
    21  § 5110.  Limited waiver of sovereign immunity.
    22     (a)  General rule.--The General Assembly, pursuant to section
    23  11 of Article I of the Constitution of Pennsylvania, does hereby
    24  waive, in the following instances only and only to the extent
    25  set forth in this section and within the limits set forth in
    26  section 5111 (relating to limited waiver of sovereign immunity    <--
    27  LIMITATIONS ON DAMAGES), sovereign immunity as a bar to an        <--
    28  action against Commonwealth agencies, and their officials and
    29  employees acting within the scope of their duties, for damages
    30  arising out of a negligent act or omission where the damages
    19780H2437B3664                  - 5 -

     1  would be recoverable under the common law or a statute creating
     2  a cause of action if caused by a person not having available the
     3  defense of sovereign immunity. An action shall not be barred and
     4  the defense of sovereign immunity shall not be raised to claims
     5  for:
     6         (1)  Vehicle liability.--Damages caused by the operation
     7     of any motor vehicle. As used in this paragraph "motor
     8     vehicle" means any vehicle which is self-propelled and any
     9     attachment thereto, including vehicles operated by rail,
    10     through water or in the air.
    11         (2)  Medical-professional liability.--Damages caused by
    12     Commonwealth health care employees of medical facilities or
    13     institutions or by a doctor, dentist, nurse and related
    14     health care personnel.
    15         (3)  Care, custody or control of personal property.--
    16     Damages caused by the care, custody or control of personal
    17     property in the possession of Commonwealth agencies,
    18     including Commonwealth-owned property and property of persons
    19     held by the Commonwealth, except that the sovereign immunity
    20     of the Commonwealth is retained as a bar to actions on claims
    21     arising out of Commonwealth activities involving the use of
    22     nuclear and other radioactive equipment, devices and
    23     materials.
    24         (4)  Commonwealth real estate, highways and sidewalks.--
    25     Damages caused by a dangerous condition of Commonwealth real
    26     estate and sidewalks, including Commonwealth-owned real
    27     property, leaseholds in the possession of the Commonwealth
    28     and Commonwealth real property leased to private persons, and
    29     highways under the jurisdiction of Commonwealth agencies
    30     except as limited in paragraph (5).
    19780H2437B3664                  - 6 -

     1         (5)  Potholes and other dangerous conditions.--Damages,
     2     other than property damages, caused by a dangerous condition
     3     of highways under the jurisdiction of Commonwealth agencies
     4     highways created by potholes or sinkholes or other similar     <--
     5     conditions created by natural elements, except that the
     6     claimant to recover must establish that the dangerous
     7     condition created a reasonably foreseeable risk of the kind
     8     of damage which was incurred and that the Commonwealth agency
     9     had actual written notice of the dangerous condition of the
    10     highway a sufficient time prior to the event to have taken
    11     measures to protect against the dangerous condition.
    12         (6)  Care, custody or control of animals.--Damages caused
    13     by animals in the care, custody or control of Commonwealth
    14     agencies, including but not limited to police dogs and horses
    15     and animals incarcerated in Commonwealth laboratories, but
    16     shall not include damages caused by wild animals including
    17     but not limited to bears and deer except as otherwise
    18     provided by statute.
    19         (7)  Dram shop liability.--Damages caused by the sale of   <--
    20     alcoholic beverages by a Commonwealth employee.
    21         (7)  LIQUOR STORE SALES.--DAMAGES CAUSED BY THE SALE OF    <--
    22     LIQUOR AT PENNSYLVANIA LIQUOR STORES BY EMPLOYEES OF THE
    23     PENNSYLVANIA LIQUOR CONTROL BOARD CREATED BY AND OPERATING
    24     UNDER THE ACT OF APRIL 12, 1951 (P.L.90, NO.21), KNOWN AS THE
    25     "LIQUOR CODE," IF SUCH SALE IS MADE TO ANY MINOR, OR TO ANY
    26     PERSON VISIBLY INTOXICATED, OR TO ANY INSANE PERSON, OR TO
    27     ANY PERSON KNOWN AS AN HABITUAL DRUNKARD, OR OF KNOWN
    28     INTEMPERATE HABIT.
    29         (8)  National Guard activities.--Damages caused by a
    30     member of the Pennsylvania military forces.
    19780H2437B3664                  - 7 -

     1     (b)  Certain defenses retained.--The following existing
     2  common law defenses are retained:
     3         (1)  An official of the Commonwealth agency or a member
     4     of the General Assembly or the judiciary may assert on his
     5     own behalf, or the Commonwealth may assert on his behalf,
     6     defenses which have heretofore been available to such
     7     officials.
     8         (2)  An employee of a Commonwealth agency, a member of
     9     the General Assembly or the judiciary may assert on his own
    10     behalf, or the Commonwealth may assert on his behalf, the
    11     defense that the employee was acting pursuant to a duty
    12     required by a statute or statutorily authorized regulation.
    13         (3)  An official or employee of a Commonwealth agency, a
    14     member of the General Assembly or the judiciary, may assert
    15     on his own behalf or the Commonwealth may assert on his
    16     behalf, the defense that the act or omission was within the
    17     discretion granted to the official or employee by statute or
    18     statutorily authorized regulation.
    19     (c)  Legal assistance.--When an action is brought pursuant to
    20  this section against an official or employee of a Commonwealth
    21  agency or any other Commonwealth government employee, and it is
    22  alleged that the act or omission occurred within the scope of
    23  his employment, the Commonwealth through the Attorney General
    24  shall defend the suit, unless the Attorney General determines
    25  that the act or omission did not occur within the scope of
    26  employment. In the latter case, if it is subsequently determined
    27  that the act or omission occurred within the scope of
    28  employment, the Commonwealth shall reimburse the official or
    29  employee for the cost of his legal defense in such amounts as
    30  shall be determined to be reasonable by the court. If a
    19780H2437B3664                  - 8 -

     1  Commonwealth government employee is sued and it is alleged that
     2  the act or omission occurred outside the scope of his
     3  employment, and he successfully defends the suit on the basis
     4  that the act or omission was within the scope of his employment,
     5  and he has given prior notice to the Attorney General and the
     6  Attorney General has refused to defend the action, he shall
     7  likewise be entitled to the reasonable costs of the defense.
     8     (d)  Counterclaim and set-off by the Commonwealth.--In any
     9  action initiated under this section, the Commonwealth may set
    10  forth any cause of action or set-off which it has against the
    11  plaintiff. A counterclaim need not diminish or defeat the relief
    12  demanded by the plaintiff. It may demand relief exceeding in
    13  amount or different in kind from that demanded by the plaintiff.
    14  § 5111.  Limitations on damages.
    15     (a)  Amount recoverable.--No verdict or verdicts against the
    16  Commonwealth on actions brought pursuant to section 5110
    17  (relating to limited waiver of sovereign immunity) arising from
    18  the same cause of action or transaction or occurrence or series
    19  of causes of action or transactions or occurrences shall exceed
    20  $250,000 in favor of any plaintiff or $1,000,000 in the
    21  aggregate.
    22     (b)  Types of damages recoverable.--Damages shall be
    23  recoverable only for:
    24         (1)  Past and future loss of earnings and earning
    25     capacity.
    26         (2)  Pain and suffering.
    27         (3)  Medical and dental expenses including the reasonable
    28     value of reasonable and necessary medical and dental
    29     services, prosthetic devices and necessary ambulance,
    30     hospital, professional nursing, and physical therapy expenses
    19780H2437B3664                  - 9 -

     1     accrued and anticipated in the diagnosis, care and recovery
     2     of the claimant.
     3         (4)  Loss of consortium.
     4         (5)  Property losses, except property losses shall not be
     5     recoverable in claims brought pursuant to section 5110(a)(5).
     6  § 5522.  Six months limitation.
     7     (a)  Notice prerequisite to action against government unit.--
     8  Within six months from the date that any injury was sustained or
     9  any cause of action accrued, any person who is about to commence
    10  any civil action or proceeding within this Commonwealth or
    11  elsewhere against a government unit for damages on account of
    12  any injury to his person or property shall file in the office of
    13  the government unit, and if the action is against a Commonwealth
    14  agency for damages then also file in the office of the Attorney
    15  General, a statement in writing, signed by or in his behalf,
    16  setting forth:
    17         (1)  The name of the person to whom the cause of action
    18     has accrued.
    19         (2)  The name and residence of the person injured.
    20         (3)  The date and hour of the accident.
    21         (4)  The approximate location where the accident
    22     occurred.
    23         (5)  The name and address of any attending physician.
    24  If the statement provided for by this subsection is not filed,
    25  any civil action or proceeding commenced against the government
    26  unit more than six months after the date of injury shall be
    27  dismissed and the person to whom any such cause of action
    28  accrued for any personal injury shall be forever barred from
    29  proceeding further thereon within this Commonwealth or
    30  elsewhere. The court shall excuse compliance with this
    19780H2437B3664                 - 10 -

     1  requirement upon a showing of reasonable excuse for failure to
     2  file such statement.
     3     * * *
     4     Section 3.  Powers and duties of Attorney General AND          <--
     5  DEPARTMENT OF GENERAL SERVICES.
     6     (a)  Reports to General Assembly.--The Attorney General shall
     7  report on April 1, 1980 and annually thereafter to the General
     8  Assembly through the Speaker of the House of Representatives and
     9  the President pro tempore of the Senate, the number and types of
    10  claims instituted against the Commonwealth, their disposition or
    11  status, including settlements agreed or verdicts entered, and
    12  such other information as the Attorney General shall deem
    13  appropriate.
    14     (b)  Rules and regulations.--The Attorney General shall
    15  promulgate rules and regulations not inconsistent with this act
    16  in order to implement the intent of the act. The subject of the
    17  rules and regulations may include the procedures for settlement
    18  of claims prior to or after the institution of suit, the
    19  designation of local and principal offices for Commonwealth
    20  agencies, the basis for undertaking and continuing legal defense
    21  of claims, and the procedures for payment of claims and
    22  satisfaction of judgments. The rules and regulations, and
    23  amendments thereto, promulgated pursuant to this section shall
    24  not take effect until the requirements of the "Commonwealth
    25  Documents Law" have been complied with and 30 days have expired
    26  after transmission of the rules and regulations to the General
    27  Assembly through the Speaker of the House of Representatives and
    28  the President pro tempore of the Senate.
    29     (C)  RISK MANAGEMENT PROGRAM.--THE DEPARTMENT OF GENERAL       <--
    30  SERVICES SHALL UNDERTAKE A COMPREHENSIVE REVIEW OF RISK
    19780H2437B3664                 - 11 -

     1  MANAGEMENT INCLUDING LOSS PREVENTION, THE AVAILABILITY OF
     2  INSURANCE AND THE FEASIBILITY OF SELF-INSURANCE FOR THE AREAS OF
     3  SPECIFIC WAIVER OF SOVEREIGN IMMUNITY ENUMERATED IN 42 PA.C.S. §
     4  5110. THE DEPARTMENT SHALL REPORT, ON OR BEFORE FEBRUARY 1,
     5  1979, TO THE GOVERNOR AND THE GENERAL ASSEMBLY THROUGH THE
     6  PRESIDENT PRO TEMPORE OF THE SENATE AND THE SPEAKER OF THE HOUSE
     7  OF REPRESENTATIVES, ITS FINDINGS AND RECOMMENDATIONS FOR THE
     8  MOST EFFICIENT RISK MANAGEMENT AND LOSS PREVENTION PROGRAM, THE
     9  MOST FEASIBLE INSURANCE OR SELF-INSURANCE COVERAGE, OR
    10  COMBINATION OF BOTH. THE DEPARTMENT SHALL ASSIST THE ATTORNEY
    11  GENERAL IN FORMULATING RULES AND REGULATIONS, STANDARDS OR
    12  GUIDELINES, FOR ADJUSTING AND PROCESSING CLAIMS AND OTHERWISE
    13  MANAGING THE PRE-LITIGATION PROCEDURES TO BE UTILIZED BY
    14  COMMONWEALTH AGENCIES TO CARRY OUT THE PROVISIONS OF THIS ACT.
    15     Section 4.  Repeals.
    16     (a)  The provisions of the following acts, and all other acts
    17  and parts of acts, are repealed insofar as they waive or purport
    18  to waive sovereign immunity inconsistent with this act, but are
    19  saved from repeal insofar as they provide defenses or immunities
    20  from suit:
    21     Section 11, act of March 19, 1951 (P.L.28, No.4), known as
    22  the "State Council of Civil Defense Act of 1951."
    23     Section 5.2, act of October 27, 1955 (P.L.744, No.222), known
    24  as the "Pennsylvania Human Relations Act."
    25     Section 603, act of October 20, 1966 (3rd Sp.Sess., P.L.96,
    26  No.6), known as the "Mental Health and Mental Retardation Act of
    27  1966."
    28     Section 1001, act of October 15, 1975 (P.L.390, No.111),
    29  known as the "Health Care Services Malpractice Act."
    30     Section 11, act of November 26, 1975 (P.L.438, No.124), known
    19780H2437B3664                 - 12 -

     1  as the "Child Protective Services Law."
     2     Section 114, act of July 9, 1976 (P.L.817, No.143), known as
     3  the "Mental Health Procedures Act."
     4     (b)  Except as provided in subsection (a), all other acts and
     5  parts of acts are repealed insofar as they are inconsistent with
     6  this act.
     7     (c)  Nothing in this section shall repeal the waiver of
     8  sovereign immunity in:
     9     Section 1207, act of April 9, 1929 (P.L.177, No.175), known
    10  as "The Administrative Code of 1929."
    11     Sections 405, 1003 and 1004, act of April 9, 1929 (P.L.343,
    12  No.176), known as "The Fiscal Code."
    13     Act of May 20, 1937 (P.L.728, No.193), referred to as the
    14  Board of Arbitration of Claims Act.
    15     Section 5.  Effective date.                                    <--
    16     This act shall take effect on July 1, 1979 and shall apply
    17  only to causes of action occurring on or after that date.
    18     SECTION 5.  CONSTRUCTION AND APPLICATION.                      <--
    19     (A)  THIS ACT IS INTENDED TO SPECIFICALLY RESPOND TO AND
    20  PRESCRIBE LIMITATIONS ON THE DECISION OF MAYLE V. COMMONWEALTH,
    21  DECIDED BY THE SUPREME COURT ON JULY 14, 1978.
    22     (B)  THE FOLLOWING PROVISIONS APPLYING THIS ACT TO ACTIONS
    23  ACCRUED ON THE EFFECTIVE DATE OF THIS ACT, AND ITS INTENDED
    24  RETROACTIVE EFFECT, ARE TO ASSURE THE DEVELOPMENT OF A
    25  CONSISTENT BODY OF LAW, AN ORDERLY AND UNIFORM MANAGEMENT OF
    26  LITIGATION AND TO PREVENT INEQUITIES WITHIN THE TERMS OF THIS
    27  ACT THAT WOULD OTHERWISE BE CAUSED BY THE LACK OF IDENTICAL
    28  RESTRICTIONS, LIMITATIONS, PROCEDURAL REQUIREMENTS AND THE
    29  APPLICATION OF THE OTHER PROVISIONS OF THIS ACT. IT IS THE
    30  INTENT OF THE GENERAL ASSEMBLY THAT THE EXPRESS LIMITED WAIVER
    19780H2437B3664                 - 13 -

     1  FROM BAR OF SUIT, AND LIMITED WAIVER OF THE DEFENSE OF SOVEREIGN
     2  IMMUNITY CONTAINED IN THIS ACT, SHALL BE UNIFORMLY APPLIED TO
     3  ALL ACTIONS WHICH ARE NOT OTHERWISE BARRED, AND SHALL NOT DEPEND
     4  UPON THE FORTUITOUSNESS OF THE DATE OF THE ACCRUING OF THE
     5  ACTION, OR THE DILIGENCE WITH WHICH IT WAS PROSECUTED OR ITS
     6  STATUS WITHIN THE JUDICIAL SYSTEM ON JULY 14, 1978. ACCORDINGLY,
     7  THE LIMITATIONS ON THE AMOUNT RECOVERABLE, THE TYPES OF DAMAGES,
     8  THE NOTICE REQUIREMENTS AND ALL OTHER LIMITATIONS SHALL APPLY TO
     9  ALL ACTIONS, WHENEVER ACCRUED, IF THEY WOULD HAVE BEEN
    10  APPLICABLE HAD THE ACTION ACCRUED ON OR AFTER THE EFFECTIVE DATE
    11  OF THIS ACT. IN THE CASE OF CLAIMS NOT BARRED UNDER THIS ACT AND
    12  FOR WHICH THERE WAS IN EFFECT AT THE TIME THE CLAIM ACCRUED, OR
    13  SUCH LATER TIME AS MAY BE APPLICABLE, A POLICY OF INSURANCE OR A
    14  SELF-INSURANCE PROGRAM AUTHORIZED BY SECTION 2404(B) OF THE ACT
    15  OF APRIL 9, 1929 (P.L.177, NO.175), KNOWN AS "THE ADMINISTRATIVE
    16  CODE OF 1929," WHICH POLICY OR PROGRAM CONTAINED LIMITATIONS ON
    17  THE AMOUNT OF DAMAGES WHICH ARE LESS THAN THOSE SET FORTH IN
    18  THIS ACT, THE LESSER AMOUNT SHALL APPLY TO SUCH CLAIMS. IN
    19  APPLYING THIS ACT:
    20     (1)  AN ACTION WHICH ACCRUED PRIOR TO THE EFFECTIVE DATE OF
    21  THIS ACT BUT WHICH IS BARRED BY 42 PA.C.S. § 5110 AND IS NOT
    22  WITHIN THE EXCEPTIONS CONTAINED THEREIN, SHALL CONTINUE TO BE
    23  BARRED, AND SOVEREIGN IMMUNITY SHALL CONTINUE AS A DEFENSE,
    24  UNLESS THE ACTION WOULD NOT HAVE BEEN BARRED, AND SOVEREIGN
    25  IMMUNITY WOULD NOT HAVE BEEN A DEFENSE TO IT, BY THE APPLICABLE
    26  STATUTORY AND DECISIONAL LAW AS IT EXISTED ON JULY 13, 1978;
    27  SUCH AN ACTION, NOT OTHERWISE BARRED, SHALL BE BARRED IF SUIT IS
    28  NOT INSTITUTED WITHIN THE APPROPRIATE STATUTE OF LIMITATION OR
    29  WITHIN 60 DAYS AFTER THE EFFECTIVE DATE OF THIS ACT, WHICHEVER
    30  FIRST OCCURS.
    19780H2437B3664                 - 14 -

     1     (2)  AN ACTION WHICH IS WITHIN THE EXCEPTIONS PROVIDED IN 42
     2  PA.C.S. § 5110 SHALL NOT BE BARRED.
     3     (C)  ALL FURTHER TRIAL OR PRETRIAL PROCEDURES IN ACTIONS
     4  WHICH ARE NOT BARRED UNDER SUBSECTION (B) SHALL BE SUSPENDED AND
     5  NO SUCH PROCEEDINGS SHALL BE HAD ON SUCH CASES, EXCEPTING ONLY
     6  THE INSTITUTION OF SUIT, AND THE FILING AND DECIDING OF PRETRIAL
     7  MOTIONS IN WHICH THE APPLICABILITY OF THIS ACT IS AT ISSUE. THE
     8  SUSPENSION OF FURTHER TRIAL OR PRETRIAL PROCEEDINGS SHALL
     9  CONTINUE UNTIL JULY 1, 1979. IN THE CASE OF ACTIONS FILED PRIOR
    10  TO THE EFFECTIVE DATE OF THIS ACT AND WHICH ARE NOT OTHERWISE
    11  BARRED BY THIS ACT, THE PARTIES TO THE SUIT, OR ANY OF THEM,
    12  SHALL HAVE 60 DAYS FROM THE EFFECTIVE DATE OF THIS ACT TO MOVE
    13  TO TRANSFER THE CASE TO THE APPROPRIATE COURT OF COMMON PLEAS
    14  HAVING JURISDICTION, AMEND PLEADINGS TO CONFORM TO THE
    15  REQUIREMENTS OF THIS ACT, AND OTHERWISE COMPLY WITH THE
    16  REQUIREMENTS CONTAINED IN THIS ACT.
    17     (D)  NOTHING CONTAINED IN THIS ACT SHALL BE CONSTRUED TO
    18  REVIVE ANY ACTION IN WHICH THE APPLICABLE STATUTE OF LIMITATION
    19  HAS RUN OR IN WHICH A COMPROMISE SETTLEMENT WAS REACHED AND A
    20  RELEASE OBTAINED, OR IN WHICH FINAL ORDER DISMISSING THE ACTION
    21  AGAINST THE COMMONWEALTH OR AN AGENCY OF THE COMMONWEALTH
    22  GOVERNMENT HAS BEEN ENTERED, NO APPEAL HAS BEEN TAKEN, AND THE
    23  TIME FOR APPEAL HAS EXPIRED.
    24     (E)  NOTHING CONTAINED IN THIS ACT SHALL BE CONSTRUED TO
    25  WAIVE THE COMMONWEALTH'S IMMUNITY FROM SUIT IN FEDERAL COURTS
    26  GUARANTEED BY THE ELEVENTH AMENDMENT TO THE UNITED STATES
    27  CONSTITUTION.
    28     SECTION 6.  EFFECTIVE DATE.
    29     THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

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