PRIOR PASSAGE - NONE PRINTER'S NO. 133
No. 132 Session of 2005
INTRODUCED BY PAYNE, BALDWIN, BASTIAN, BIRMELIN, BOYD, CAPPELLI, CAUSER, CORRIGAN, CRAHALLA, DALEY, DENLINGER, FAIRCHILD, FLEAGLE, FLICK, GILLESPIE, GINGRICH, GODSHALL, HERSHEY, HESS, HICKERNELL, HUTCHINSON, KAUFFMAN, KILLION, LEH, MAHER, S. MILLER, MUSTIO, O'NEILL, PYLE, REICHLEY, ROSS, SCAVELLO, STERN, TURZAI, WILT AND WRIGHT, JANUARY 31, 2005
REFERRED TO COMMITTEE ON STATE GOVERNMENT, JANUARY 31, 2005
A JOINT RESOLUTION
1 Proposing an amendment to the Constitution of the Commonwealth
2 of Pennsylvania, providing for medical professional liability
3 actions.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby resolves as follows:
6 Section 1. The following amendment to the Constitution of
7 Pennsylvania is proposed in accordance with Article XI:
8 That section 18 of Article III be amended to read:
9 § 18. Compensation laws allowed to General Assembly.
10 (a) The General Assembly may enact laws requiring the
11 payment by employers, or employers and employees jointly, of
12 reasonable compensation for injuries to employees arising in the
13 course of their employment, and for occupational diseases of
14 employees, whether or not such injuries or diseases result in
15 death, and regardless of fault of employer or employee, and
16 fixing the basis of ascertainment of such compensation and the
1 maximum and minimum limits thereof, and providing special or 2 general remedies for the collection thereof[; but in]. 3 (b) In a medical professional liability action involving a 4 medical professional liability claim brought against a licensed 5 health care professional or a health care facility, the General 6 Assembly may, by statute, limit the recovery of noneconomic 7 damages for injuries resulting in death, or for injuries to 8 persons. 9 (c) In no other cases shall the General Assembly limit the 10 amount to be recovered for injuries resulting in death, or for 11 injuries to persons or property, and in case of death from such 12 injuries, the right of action shall survive, and the General 13 Assembly shall prescribe for whose benefit such actions shall be 14 prosecuted. 15 (d) No act shall prescribe any limitations of time within 16 which suits may be brought against corporations for injuries to 17 persons or property, or for other causes different from those 18 fixed by general laws regulating actions against natural 19 persons, and such acts now existing are avoided. 20 Section 2. (a) Upon the first passage by the General 21 Assembly of this proposed constitutional amendment, the 22 Secretary of the Commonwealth shall proceed immediately to 23 comply with the advertising requirements of section 1 of Article 24 XI of the Constitution of Pennsylvania and shall transmit the 25 required advertisements to two newspapers in every county in 26 which such newspapers are published in sufficient time after 27 passage of this proposed constitutional amendment. 28 (b) Upon the second passage by the General Assembly of this 29 proposed constitutional amendment, the Secretary of the 30 Commonwealth shall proceed immediately to comply with the 20050H0132B0133 - 2 -
1 advertising requirements of section 1 of Article XI of the 2 Constitution of Pennsylvania and shall transmit the required 3 advertisements to two newspapers in every county in which such 4 newspapers are published in sufficient time after passage of 5 this proposed constitutional amendment. The Secretary of the 6 Commonwealth shall submit this proposed constitutional amendment 7 to the qualified electors of this Commonwealth at the first 8 primary, general or municipal election which meets the 9 requirements of and is in conformance with section 1 of Article 10 XI of the Constitution of Pennsylvania and which occurs at least 11 three months after the proposed constitutional amendment is 12 passed by the General Assembly. A20L83SFL/20050H0132B0133 - 3 -