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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| 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 |
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| REFERRED TO COMMITTEE ON STATE GOVERNMENT, FEBRUARY 2, 2009 |
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| A JOINT RESOLUTION |
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1 | Proposing an amendment to the Constitution of the Commonwealth |
2 | of Pennsylvania, authorizing legislation to limit recovery of |
3 | noneconomic and punitive damages in medical malpractice |
4 | actions. |
5 | The General Assembly of the Commonwealth of Pennsylvania |
6 | hereby resolves as follows: |
7 | Section 1. The following amendment to the Constitution of |
8 | Pennsylvania is proposed in accordance with Article XI: |
9 | That section 18 of Article III be amended to read: |
10 | § 18. Compensation and medical malpractice laws allowed to |
11 | General Assembly. |
12 | (a) The General Assembly may enact laws requiring the |
13 | payment by employers, or employers and employees jointly, of |
14 | reasonable compensation for injuries to employees arising in the |
15 | course of their employment, and for occupational diseases of |
16 | employees, whether or not such injuries or diseases result in |
17 | death, and regardless of fault of employer or employee, and |
18 | fixing the basis of ascertainment of such compensation and the |
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1 | maximum and minimum limits thereof, and providing special or |
2 | general remedies for the collection [thereof; but in no other |
3 | cases shall the General Assembly limit the amount to be |
4 | recovered for injuries resulting in death, or for injuries to |
5 | persons or property, and in] thereof. In case of death from such |
6 | injuries, the right of action shall survive, and the General |
7 | Assembly shall prescribe for whose benefit such actions shall be |
8 | prosecuted. No act shall prescribe any limitations of time |
9 | within which suits may be brought against corporations for |
10 | injuries to persons or property, or for other causes different |
11 | from those fixed by general laws regulating actions against |
12 | natural persons, and such acts now existing are avoided. |
13 | (b) The General Assembly may enact laws limiting the amount |
14 | of recovery for noneconomic damages and punitive damages in |
15 | medical malpractice actions. |
16 | (c) In no other cases shall the General Assembly limit the |
17 | amount to be recovered for injuries resulting in death, or for |
18 | injuries to persons or property. |
19 | Section 2. (a) Upon the first passage by the General |
20 | Assembly of this proposed constitutional amendment, the |
21 | Secretary of the Commonwealth shall proceed immediately to |
22 | comply with the advertising requirements of section 1 of Article |
23 | XI of the Constitution of Pennsylvania and shall transmit the |
24 | required advertisements to two newspapers in every county in |
25 | which such newspapers are published in sufficient time after |
26 | passage of this proposed constitutional amendment. |
27 | (b) Upon the second passage by the General Assembly of this |
28 | proposed constitutional amendment, the Secretary of the |
29 | Commonwealth shall proceed immediately to comply with the |
30 | advertising requirements of section 1 of Article XI of the |
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1 | Constitution of Pennsylvania and shall transmit the required |
2 | advertisements to two newspapers in every county in which such |
3 | newspapers are published in sufficient time after passage of |
4 | this proposed constitutional amendment. The Secretary of the |
5 | Commonwealth shall submit this proposed constitutional amendment |
6 | to the qualified electors of this Commonwealth at the first |
7 | primary, general or municipal election which meets the |
8 | requirements of and is in conformance with section 1 of Article |
9 | XI of the Constitution of Pennsylvania and which occurs at least |
10 | three months after the proposed constitutional amendment is |
11 | passed by the General Assembly. |
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