PRINTER'S NO.  198

  

THE GENERAL ASSEMBLY OF PENNSYLVANIA

  

HOUSE BILL

 

No.

199

Session of

2009

  

  

INTRODUCED BY GODSHALL, BARRAR, BEYER, BOYD, CLYMER, CREIGHTON, CUTLER, DENLINGER, EVERETT, FAIRCHILD, GINGRICH, GROVE, HICKERNELL, KILLION, MUSTIO, O'NEILL, PHILLIPS, PYLE, RAPP, REED, REICHLEY, SAYLOR, STERN AND TURZAI, FEBRUARY 2, 2009

  

  

REFERRED TO COMMITTEE ON STATE GOVERNMENT, FEBRUARY 2, 2009  

  

  

  

A JOINT RESOLUTION

  

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Proposing an amendment to the Constitution of the Commonwealth

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of Pennsylvania, authorizing legislation to limit recovery of

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noneconomic and punitive damages in medical malpractice

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actions.

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The General Assembly of the Commonwealth of Pennsylvania

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hereby resolves as follows:

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Section 1.  The following amendment to the Constitution of

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Pennsylvania is proposed in accordance with Article XI:

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That section 18 of Article III be amended to read:

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§ 18.  Compensation and medical malpractice laws allowed to

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General Assembly.

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(a)  The General Assembly may enact laws requiring the

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payment by employers, or employers and employees jointly, of

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reasonable compensation for injuries to employees arising in the

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course of their employment, and for occupational diseases of

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employees, whether or not such injuries or diseases result in

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death, and regardless of fault of employer or employee, and

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fixing the basis of ascertainment of such compensation and the

 


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maximum and minimum limits thereof, and providing special or

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general remedies for the collection [thereof; but in no other

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cases shall the General Assembly limit the amount to be

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recovered for injuries resulting in death, or for injuries to

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persons or property, and in] thereof. In case of death from such

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injuries, the right of action shall survive, and the General

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Assembly shall prescribe for whose benefit such actions shall be

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prosecuted. No act shall prescribe any limitations of time

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within which suits may be brought against corporations for

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injuries to persons or property, or for other causes different

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from those fixed by general laws regulating actions against

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natural persons, and such acts now existing are avoided.

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(b)  The General Assembly may enact laws limiting the amount

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of recovery for noneconomic damages and punitive damages in

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medical malpractice actions.

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(c)  In no other cases shall the General Assembly limit the

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amount to be recovered for injuries resulting in death, or for

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injuries to persons or property.

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Section 2.  (a)  Upon the first passage by the General

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Assembly of this proposed constitutional amendment, the

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Secretary of the Commonwealth shall proceed immediately to

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comply with the advertising requirements of section 1 of Article

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XI of the Constitution of Pennsylvania and shall transmit the

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required advertisements to two newspapers in every county in

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which such newspapers are published in sufficient time after

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passage of this proposed constitutional amendment.

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(b)  Upon the second passage by the General Assembly of this

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proposed constitutional amendment, the Secretary of the

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Commonwealth shall proceed immediately to comply with the

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advertising requirements of section 1 of Article XI of the

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Constitution of Pennsylvania and shall transmit the required

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advertisements to two newspapers in every county in which such

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newspapers are published in sufficient time after passage of

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this proposed constitutional amendment. The Secretary of the

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Commonwealth shall submit this proposed constitutional amendment

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to the qualified electors of this Commonwealth at the first

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primary, general or municipal election which meets the

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requirements of and is in conformance with section 1 of Article

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XI of the Constitution of Pennsylvania and which occurs at least

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three months after the proposed constitutional amendment is

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passed by the General Assembly.

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