PRIOR PRINTER'S NOS. 1871, 1902 PRINTER'S NO. 2010
No. 1477 Session of 1978
INTRODUCED BY LEWIS, STAUFFER, ORLANDO, JUBELIRER AND STOUT,
MAY 22, 1978
AS AMENDED ON THIRD CONSIDERATION, JUNE 20, 1978
AN ACT
1 Providing a comprehensive procedure for the presentation of tort
2 claims against political subdivisions.
3 TABLE OF CONTENTS
4 Chapter 1. Preliminary Provisions
5 Section 101. Short title.
6 Section 102. Legislative findings and intent.
7 Section 103. Definitions.
8 Chapter 2. Liability of Political Subdivisions
9 Section 201. Liability generally.
10 Section 202. Employee's acts covered.
11 Section 203. Exceptions from liability.
12 Section 204. Surcharges.
13 Section 205. Liability limited to statutory amount. <--
14 Chapter 3. Jurisdiction, Venue and Procedure
15 Section 301. Jurisdiction.
16 Section 302. Venue.
17 Section 303. Exclusive procedure for filing claims.
18 Section 304. Filing procedure.
1 Section 305. Multiple claims. <--
2 Section 306. 305. Settlements out of court. <--
3 Section 307. 306. Appeals. <--
4 Chapter 4. Judgments
5 Section 401. Enforcement of judgments generally.
6 Section 402. Judgments against insured political
7 subdivisions.
8 Section 403. Judgments against self-insured political
9 subdivision and those not fully insured.
10 Chapter 5. Legal Indemnification
11 Section 501. Indemnification required generally.
12 Section 502. Special provisions.
13 Section 503. Contribution, indemnification or reimbursement
14 by employee.
15 Chapter 6. Powers of Political Subdivision
16 Section 601. Purchase of liability insurance authorized.
17 Section 602. Employment of risk manager authorized.
18 Section 603. Joint action by political subdivision
19 authorized.
20 Section 604. Insurance pooling and coinsurance.
21 Section 605. Funding of self-insurance.
22 Chapter 7. Miscellaneous Provisions
23 Section 701. General laws and rules applicable.
24 Section 702. Repeals.
25 Section 703. Effective date and application.
26 The General Assembly of the Commonwealth of Pennsylvania
27 hereby enacts as follows:
28 CHAPTER 1
29 PRELIMINARY PROVISIONS
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1 Section 101. Short title.
2 This act shall be known and may be cited as the "Political
3 Subdivision Tort Claims Act."
4 Section 102. Legislative findings and intent.
5 (a) The General Assembly hereby finds and declares that
6 exposure of employees and officials of political subdivisions to
7 tort claims and civil law suits for acts or omissions within the
8 scope of their employment has a negative effect upon the
9 performance of official local governmental duties. Further, it
10 provides an obstacle to the discharge of the public business. It
11 is the declared intention of the General Assembly to relieve
12 employees and officials of political subdivisions from all legal
13 fees, expenses and judgments arising from such actions, unless
14 the tort complained of includes malice or criminal intent.
15 (b) The General Assembly further declares that any person
16 should be legally entitled to recover damages caused by bodily
17 injury or property damage due to a negligent or wrongful act
18 committed by either a political subdivision or employees or
19 officials thereof EXCEPT IN CERTAIN SITUATIONS AS HEREINAFTER <--
20 PROVIDED.
21 (c) Therefore, the General Assembly, by this act, abolishes
22 all previous judicially created categories of political
23 subdivision tort liability such as "governmental" or
24 "proprietary" functions and "discretionary" or "ministerial"
25 acts. Liability for acts or omissions under this act shall be
26 based upon the traditional tort concepts of duty and the
27 reasonably prudent person's standard of care in the performance
28 of that duty. Determination of the standard of care required in
29 any particular instance should be made with the knowledge that
30 each political subdivision has financial limitations within
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1 which it must exercise discretion in determining the extent and
2 nature of its activities.
3 Section 103. Definitions.
4 The following words and phrases when used in this act shall
5 have, unless the context clearly indicates otherwise, the
6 meanings given to them in this section:
7 "Agency." Any board, committee, commission, department or
8 other instrumentality or entity designated to act on behalf of a
9 political subdivision by law.
10 "Claim." Any written demand against a political subdivision
11 for monetary damages only to which any person is legally
12 entitled under the provisions of this act.
13 "Employee." Any person who is acting or who has acted on
14 behalf of a political subdivision or any agency thereof whether
15 that person is acting on a permanent or temporary basis, whether
16 compensated or not AND WHETHER PERFORMING THEIR LAWFUL DUTIES <--
17 WITHIN OR WITHOUT THE TERRITORIAL BOUNDARIES OF THAT PERSON'S
18 EMPLOYING POLITICAL SUBDIVISION. The definition of employee also
19 includes all elected or appointed officers, members of governing
20 bodies and other persons designated to act for an agency or
21 political subdivision AND SHALL INCLUDE VOLUNTEER FIREMEN. This <--
22 definition shall neither include independent contractors nor
23 their employees or agents under contract to the governmental
24 entity to which this act applies in the event a claim arises.
25 This definition shall not apply to any person performing tasks
26 over which the political subdivision has no legal right of
27 control.
28 "Loss." Any injury, sickness or death of a person or damage
29 to real or personal property. No award for damages shall include
30 punitive or exemplary damages nor damages for loss of services
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1 or loss of support.
2 "Political subdivision." Any county, city, borough,
3 incorporated town, township, school district, vocational school
4 district, intermediate unit, municipal authority, ANY AUTHORITY <--
5 CREATED BY ONE OR MORE POLITICAL SUBDIVISIONS, home rule,
6 optional plan or optional charger municipality, and any boards,
7 commissions, committees, departments, instrumentalities, or
8 entities thereof designated to act in behalf of a political <--
9 subdivision ONE OR MORE POLITICAL SUBDIVISIONS by law. <--
10 "Scope of employment." An employee acting in the performance
11 of the duties of the office or employment imposed by law or
12 performing tasks lawfully assigned by a competent legal
13 authority within the political subdivision.
14 CHAPTER 2
15 LIABILITY OF POLITICAL SUBDIVISIONS
16 Section 201. Liability generally.
17 Except as otherwise exempted by statute or the provisions of
18 this act, every political subdivision is subject to the
19 liability for its torts and those of its employees acting within
20 their scope of employment. A political subdivision shall not be
21 liable for any act or omission of any employee because of
22 corruption, fraud, malice or intentional wrongdoing on the part
23 of the employee.
24 Section 202. Employee's acts covered.
25 Action against an employee of a political subdivision for
26 injury, property loss, death, any or all such inflictions caused
27 by negligence or wrongful act, bad faith, omission, malicious
28 action or wanton and willful disregard may be prosecuted subject
29 to the limitations prescribed herein.
30 Section 203. Exceptions from liability.
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1 A political subdivision, or an employee acting within the
2 scope of employment, shall not be liable if a loss results from:
3 (1) Legislative functions. <--
4 (1) THE CONDUCT OF A MEMBER OF THE GOVERNING BODY OF ANY <--
5 POLITICAL SUBDIVISION IN THE DETERMINATION OF LEGISLATIVE
6 POLICY AND ITS FORMULATION AND PROMULGATION AS A DEFINED AND
7 BINDING RULE OF CONDUCT.
8 (2) Judicial or quasi-judicial functions.
9 (3) Execution of the lawful orders of any court. <--
10 (4) Enactment or enforcement, or failure to enact, any
11 law, whether valid or invalid, including but not limited to,
12 any charter provision, ordinance, resolution, rule,
13 regulation or written policy, unless the act of enforcement
14 constitutes false arrest or false imprisonment.
15 (5) Performance or failure to perform any act or service
16 which is within the reasonable exercise of discretion of the <--
17 political subdivision or its employee.
18 (6) Civil disobedience, work slowdown or work stoppage
19 by employees of the public or private sector, riot,
20 insurrection or rebellion.
21 (7) Temporary or natural conditions on any public way or
22 other public place, due to weather conditions, unless the
23 condition is affirmatively caused or allowed to remain after
24 actual or constructive notice, by the negligence of the
25 municipality or its employees.
26 (8) Assessment or collection of taxes.
27 (9) Licensing powers or functions including, but not
28 limited to, the issuance, the denial, suspension or
29 revocation of or failure or refusal to issue, deny, suspend
30 or revoke any permit, license, certificate, approval, order
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1 or other similar authority where the authority is
2 discretionary under the law.
3 (10) Any claim or claims made under the act of June 2,
4 1915 (P.L.736, No.338), known as "The Pennsylvania Workmen's
5 Compensation Act."
6 (11) ANY CLAIM OR CLAIMS MADE UNDER THE ACT OF JUNE 21, <--
7 1939 (P.L.566, NO.284), KNOWN AS "THE PENNSYLVANIA
8 OCCUPATIONAL DISEASE ACT."
9 (11) (12) Any claim or claims made under the act of <--
10 December 5, 1936 (2nd Sp.Sess., 1937 P.L.2897, No.1), known
11 as the "Unemployment Compensation Law."
12 (12) (13) The absence, condition or malfunction of any <--
13 traffic or road sign, signal or warning device unless the
14 absence, condition or malfunction is not corrected by the
15 political subdivision responsible for the maintenance of same
16 within a reasonable time after having received actual or
17 constructive notice, or the removal or destruction of such
18 signs, signal or warning devices by third parties, except on
19 failure of the political subdivision to correct such absence,
20 condition or malfunction within a reasonable time after
21 having received actual or constructive notice. The signs,
22 signals and warning devices referred to in this clause are
23 those used in connection with hazards normally connected with
24 the use of roadways or public ways and do not apply to the
25 duty to warn of specific defects such as excavations or
26 roadway obstructions. Nothing shall give rise to liability
27 resulting from the failure of any political subdivision to
28 initially place any of the above signs, signals or warning
29 devices when such failure is the result of a discretionary
30 act of the political subdivision or its employees.
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1 (13) Any paid fireman or policeman, <--
2 (14) ANY PAID OR VOLUNTEER FIREMAN, POLICEMAN OR MEDICAL <--
3 OR PARAMEDICAL PERSONNEL of a political subdivision rendering
4 emergency care, first aid or rescue while in the performance
5 of his duties at the scene of an emergency, or moving the
6 person receiving such care, first aid and rescue to a
7 hospital or other place of medical care, except any acts or
8 omissions intentionally designed to harm or any grossly
9 negligent acts or omissions which result in harm to the
10 person receiving the emergency care, first aid or rescue, or
11 being moved to a hospital or other place of medical care, but
12 nothing herein shall relieve a driver of an emergency vehicle
13 from liability arising from operation or use of such vehicle.
14 In order for any fireman or policeman, PAID OR VOLUNTEER <--
15 FIREMAN, POLICEMAN, MEDICAL OR PARAMEDICAL PERSONNEL to
16 receive the benefit of the exemption from civil liability
17 provided for in this clause, he must first have taken and
18 successfully completed a standard first aid course recognized
19 or approved by the American Red Cross and further he shall
20 have a valid certification from the American Red Cross that
21 he has successfully completed any necessary training or
22 refresher courses, or shall have successfully completed a
23 first aid course having standards at least equal to a first
24 aid course recognized or approved by the American Red Cross.
25 (14) (15) Any claim which is limited or barred by any <--
26 other act or which is for injuries or property damage against
27 any officer, employee or agent where the individual is immune
28 from suit.
29 (15) (16) Unintentional misrepresentation. <--
30 (16) (17) An act or omission of an individual who is not <--
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1 an employee as defined in section 103.
2 Section 204. Surcharges.
3 No elected or appointed official of any political subdivision
4 shall be surcharged for any act, error or omission in excess of
5 the actual financial loss sustained by the political subdivision
6 by reason thereof and by further reason of any action brought
7 pursuant to the provisions herein. Other provisions of law to
8 the contrary notwithstanding, the surcharge imposed hereby shall
9 be the only surcharge imposed with regard to actions brought
10 pursuant to this act.
11 Section 205. Liability limited to statutory amount. <--
12 (a) A political subdivision's liability shall be limited to
13 the amounts set forth in subsection (b).
14 (b) The liability of a political subdivision for claims
15 within the scope of this act shall not exceed:
16 (1) Five hundred thousand dollars to any claimant for
17 any number of claims for personal injury or damage to or
18 destruction of property, including consequential damages
19 arising out of a single incident or occurrence.
20 (2) One million dollars for any number of claims arising
21 out of a single incident or occurrence.
22 CHAPTER 3
23 JURISDICTION, VENUE AND PROCEDURE
24 Section 301. Jurisdiction.
25 The court of common pleas shall have original jurisdiction in
26 all causes brought pursuant to the provisions of this act.
27 Section 302. Venue.
28 Venue shall lie in the judicial district in which the cause
29 of action accrued or where the political subdivision is located,
30 except where such political subdivision is located in more than
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1 one judicial district, the action shall be brought in the
2 judicial district where the cause of action accrued or in the
3 judicial district in which the principal office or place of
4 business of such political subdivision is located.
5 Section 303. Exclusive procedure for filing claims.
6 No claim or action shall be allowed against a political
7 subdivision or its employees unless the claim has been filed in
8 accordance with the provisions of this act.
9 Section 304. Filing procedure.
10 (a) Any person claiming damages of a political subdivision
11 pursuant to the terms of this act shall, within 180 days of the
12 date of origin of the claim, notify the clerk or secretary or
13 other designated officer of such political subdivision in
14 writing of said claim, stating briefly the facts upon which the
15 claim is based. The time for giving such written notice of the
16 claim does not include the time during which the individual
17 injured is unable, due to incapacitation or disability from the
18 injury, to give notice, not exceeding 90 days of incapacity. In
19 the event that the individual's injuries result in death, the
20 time for giving notice shall commence with such individual's
21 death.
22 (b) Failure to comply with the notice requirement as
23 required by subsection (a) shall be a bar to any subsequent
24 action to recover damages unless such failure is reasonably
25 explained or UNLESS political subdivision otherwise had actual <--
26 or constructive notice of the incident or condition giving rise
27 to an individual's claim.
28 (c) The time periods as otherwise provided by law for
29 commencement of actions based upon death, personal injury or
30 property damage shall govern the institution of legal
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1 proceedings for the recovery of monetary damages in suits
2 brought pursuant to the provisions of this act.
3 Section 305. Multiple claims. <--
4 Where the amount awarded to, or settled upon by, multiple
5 claimants exceeds the limitations of section 206, any party may
6 apply to the court of original jurisdiction for apportionment to
7 each claimant of the proper share of the total amount limited
8 herein. A claimant's share shall be in the proportion that the
9 award to the claimant bears to the aggregate award for all
10 claims arising out of the occurrence.
11 Section 306. 305. Settlements out of court. <--
12 The political subdivision, after conferring with its legal
13 officer or other legal counsel, may compromise a settlement of a
14 claim or suit brought against it or its employees under this act
15 as to the damages or other relief sought, and may appropriate
16 money for the payment of amounts agreed upon. When the amount of
17 any settlement exceeds $2,500, the settlement shall not be
18 effective until approved by the court of original jurisdiction
19 and entered as a judgment as provided by law.
20 Section 307. 306. Appeals. <--
21 Any party aggrieved by a final determination of the court of
22 original jurisdiction may appeal therefrom to Commonwealth
23 Court. The procedure on appeal shall be as otherwise provided by
24 law.
25 CHAPTER 4
26 JUDGMENTS
27 Section 401. Enforcement of judgments generally.
28 Judgments recovered against political subdivisions under the
29 provisions of this act shall be enforced in the same manner and
30 to the same extent as judgments are now enforced against such
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1 political subdivisions under the laws of the Commonwealth,
2 except as herein provided.
3 Section 402. Judgments against insured political subdivisions.
4 If the judgment is obtained against a political subdivision
5 that has procured a contract or policy of public liability
6 insurance protection, the holder of the judgment may use the
7 methods of collecting the judgment as are provided by the policy
8 or contract and the laws of the Commonwealth to the extent of
9 the limits of coverage provided.
10 Section 403. Judgments against self-insured political
11 subdivision and those not fully insured.
12 For the payment of any judgment obtained under the provisions
13 of this act against a political subdivision that is a self-
14 insurer or not fully covered by liability insurance, the manner
15 of paying a money judgment shall be based upon a proof of
16 indebtedness or evidence of any estimated tax levy necessary for
17 payment of the judgment and any other evidence or statements
18 which the court of original jurisdiction may require. As an
19 alternative to paying the money judgment in this manner, the
20 court, may provide for the judgment to be paid over a period of
21 not less than one nor more than ten years. The interest rate on
22 any judgment where payment is extended more than three years
23 shall be at the rate prescribed by law for the first three years
24 and at the rate of 6% for each remaining year.
25 CHAPTER 5
26 LEGAL INDEMNIFICATION
27 Section 501. Indemnification required generally.
28 A political subdivision shall provide a defense for its
29 employees and, EXCEPT WHERE OTHERWISE IMMUNE FROM SUIT, be <--
30 responsible for the payment of any judgment on any claim or
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1 civil law suit against an employee for money damages arising out
2 of any act or omission within the scope of employment.
3 Section 502. Special provisions.
4 A political subdivision shall provide a defense for its
5 employees irrespective of whether the claim and civil suit is
6 brought in a court of the Commonwealth or the United States or
7 under State or Federal law. A political subdivision may, unless
8 directed otherwise by a court of competent jurisdiction, refuse
9 to defend OR INDEMNIFY its employee at any time if it is <--
10 determined that the act or omission of the employee was not
11 within the scope of employment or that the act or omission
12 included criminal intent or that such act or omission is within
13 the exceptions enumerated in section 201.
14 Section 503. Contribution, indemnification or reimbursement
15 by employee.
16 A political subdivision shall not be entitled to contribution
17 or indemnification, or reimbursement of legal fees and expenses
18 from its employee unless the court shall find that the act or
19 omission of the employee was outside the scope of employment or
20 that the act or omission included criminal intent or that such
21 act or omission is within the exceptions enumerated in section
22 201. Any action by a political subdivision against its employee
23 and any action by an employee against the political subdivision
24 for contribution, indemnification, or necessary legal fees and
25 expenses, shall be brought in the same court in which the tort
26 claim in question was brought.
27 CHAPTER 6
28 POWERS OF POLITICAL SUBDIVISION
29 Section 601. Purchase of liability insurance authorized.
30 A political subdivision shall have the authority to purchase
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1 insurance on ITSELF OR ITS employees for any liability arising <--
2 from the performance of their duties within the scope of their
3 employment.
4 Section 602. Employment of risk manager authorized.
5 A political subdivision shall have the authority to employ a
6 professional risk manager whose responsibility it shall be to
7 administer a public liability insurance program for the
8 political subdivision and initiate any risk management program
9 for the political subdivision and its employees.
10 Section 603. Joint action by political subdivision authorized.
11 Any two or more political subdivisions may join together,
12 enter into any agreements, or jointly contract for the
13 development of a group risk management program either through
14 the provisions of the act of July 12, 1972 (P.L.762, No.180),
15 entitled "An act relating to intergovernmental cooperation" or
16 any other applicable law in the Commonwealth. Any two or more
17 political subdivisions may join together, enter into any
18 agreements, or jointly contract for the purchasing of public
19 liability insurance. Any two or more political subdivisions may
20 pool their public liability insurance risks through the
21 provisions of the act of July 12, 1972 (P.L.762, No.180), or any
22 other applicable law of the Commonwealth.
23 Section 604. Insurance pooling and coinsurance.
24 The pooling of insurance risks, reserves, claims or losses
25 shall not be construed to be transacting insurance nor otherwise
26 subject such political subdivisions to the provisions of the
27 laws of the Commonwealth regulating insurance or insurance
28 companies. Such political subdivisions may be coinsured under a
29 master policy and the total premium may be prorated among such
30 political subdivisions. Any county may undertake a group risk
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1 management program or public liability insurance program on
2 behalf of itself and any other political subdivisions covered by
3 this act within the county that wish to voluntarily participate
4 in such programs.
5 Section 605. Funding of self-insurance.
6 Any political subdivision may self-insure, which must be
7 funded on an annual basis by appropriations to establish a
8 reserve for self-insurance purposes.
9 CHAPTER 7
10 MISCELLANEOUS PROVISIONS
11 Section 701. General laws and rules applicable.
12 The laws of the Commonwealth and the rules of civil procedure
13 as promulgated and adopted by the Supreme Court of Pennsylvania
14 insofar as applicable and not inconsistent herewith shall apply
15 to and govern actions under this act.
16 Section 702. Repeals.
17 (a) The following act or parts of acts are repealed
18 absolutely:
19 Clause 53.1 of section 2403, act of June 23, 1931 (P.L.932,
20 No.317), reenacted and amended June 28, 1951 (P.L.662, No.164),
21 known as "The Third Class City Code."
22 Clause LXVII of section 1502, act of June 24, 1931 (P.L.1206,
23 No.331), reenacted and amended May 27, 1949 (P.L.1955, No.569),
24 known as "The First Class Township Code."
25 Act of July 1, 1937 (P.L.2547, No.476), entitled "An act <--
26 requiring all persons claiming damages from any county, city,
27 borough, town, township or school district to file, within six
28 (6) months from the origin of such claim, a written notice with
29 such county, city, borough, town, township or school district."
30 The third paragraph of clause (q) of subsection B of section
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1 4, act of May 2, 1945 (P.L.382, No.164), known as the
2 "Municipality Authorities Act of 1945."
3 Act of May 15, 1945 (P.L.538, No.210), entitled "An act
4 relating to the liabilities of elected and appointed officers of
5 the various political subdivisions and limiting surcharges to
6 the actual financial loss sustained."
7 Act of May 20, 1949 (P.L.1642, No.495), entitled "An act
8 relating to property owned by cities of the second class A,
9 authorizing special funds for its maintenance, and authorizing
10 council to insure against liability arising out of the ownership
11 or control of such property."
12 Subdivision (x) and section 2199.18, act of July 28, 1953
13 (P.L.723, No.230), known as the "Second Class County Code."
14 Subsection (b) of section 431, act of August 9, 1955
15 (P.L.323, No.130), known as "The County Code."
16 Clause 37.1 of section 1202, act of February 1, 1966 (1965
17 P.L.1656, No.581), known as "The Borough Code."
18 Section 1576 and 7723(d) of Title 75 (Vehicles), act of
19 November 25, 1970 (P.L.707, No.230), known as the Pennsylvania
20 Consolidated Statutes.
21 Act of July 10, 1975 (P.L.50, No.29), entitled "An act
22 providing for liability insurance for officers and employees of
23 incorporated towns."
24 (b) The following acts or parts of acts are repealed to the
25 extent indicated:
26 Clause XIII of section 702, act of May 1, 1933 (P.L.103,
27 No.69), reenacted and amended July 10, 1947 (P.L.1481, No.567),
28 known as "The Second Class Township Code," insofar as
29 inconsistent.
30 Section 774, act of March 10, 1949 (P.L.30, No.14), known as
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1 the "Public School Code of 1949," insofar as inconsistent.
2 Section 11, act of March 19, 1951 (P.L.28, No.4), entitled
3 "An act relating to the civil defense of this State and its
4 coordination with national defense; providing for the
5 establishment of a State Council of Civil Defense, local and
6 district councils of civil defense, Mobile Support Units;
7 prescribing the powers, duties and immunities thereof and of
8 their personnel; authorizing mutual aid compacts and providing
9 penalties," insofar as it relates to political subdivisions and
10 their agents, employees and representatives.
11 Act of September 25, 1965 (P.L.498, No.252), entitled "An act <--
12 exempting certain firemen, policemen and volunteer ambulance and
13 rescue squad personnel from civil liability when rendering
14 emergency care, first aid and rescue in the performance of their
15 official duties except in certain instances," insofar as it
16 applies to police and firemen who are employees of political
17 subdivisions.
18 Section 603, act of October 20, 1966 (3rd Sp.Sess., P.L.96,
19 No.6), known as the "Mental Health and Mental Retardation Act of
20 1966," insofar as inconsistent.
21 Section 5522 SECTIONS 5522 AND 8832 of Title 42 (Judiciary <--
22 and Judicial Procedure), act of November 25, 1970 (P.L.707,
23 No.230), known as the Pennsylvania Consolidated Statutes,
24 insofar as inconsistent.
25 (c) All other acts or parts of acts are repealed to the
26 extent of any inconsistency.
27 Section 703. Effective date and application.
28 This act shall take effect in 60 days but it shall not affect <--
29 any cause of action which arose or which would otherwise have
30 arisen pursuant to the provisions of this act had it been in
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1 effect, prior to the effective date herein provided.
2 THIS ACT SHALL TAKE EFFECT IN 60 DAYS AND SHALL APPLY TO ALL <--
3 CAUSES OF ACTION ARISING THEREAFTER. NOTHING IN THIS ACT SHALL
4 BE CONSTRUED TO APPLY ITS PROVISIONS TO ANY CAUSE OF ACTION,
5 WHICH AROSE OR WHICH WOULD OTHERWISE HAVE ARISEN PRIOR TO SUCH
6 EFFECTIVE DATE HAD THIS ACT BEEN IN EFFECT AT SUCH TIME.
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