THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY BENNINGHOFF, AUMENT, BLOOM, CAUSER, CHRISTIANA, CLYMER, CUTLER, EVERETT, FLECK, GILLEN, GINGRICH, GODSHALL, GRELL, GROVE, HARRIS, HICKERNELL, KAUFFMAN, KNOWLES, MAJOR, MANN, METCALFE, MILNE, MOUL, MUSTIO, PICKETT, PYLE, RAPP, REED, ROSS, SONNEY, STERN, STEVENSON, VULAKOVICH AND WATSON, MARCH 7, 2011

REFERRED TO COMMITTEE ON STATE GOVERNMENT, MARCH 7, 2011  

A JOINT RESOLUTION

Proposing an amendment to the Constitution of the Commonwealth

of Pennsylvania, further providing for compensation laws

allowed to the General Assembly.

The General Assembly of the Commonwealth of Pennsylvania

hereby resolves as follows:

Section 1.  The following amendment to the Constitution of

Pennsylvania is proposed in accordance with Article XI:

That section 18 of Article III be amended to read:

§ 18.  Compensation laws allowed to General Assembly.

The General Assembly may enact laws requiring the payment by

employers, or employers and employees jointly, of reasonable

compensation for injuries to employees arising in the course of

their employment, and for occupational diseases of employees,

whether or not such injuries or diseases result in death, and

regardless of fault of employer or employee, and fixing the

basis of ascertainment of such compensation and the maximum and

minimum limits thereof, and providing special or general

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

shall the General Assembly limit the amount to be recovered for

injuries resulting in death, or for injuries to persons or

property, and in]. In all other cases, the General Assembly

shall not limit the recovery of economic damages for injuries

resulting in death, or for injuries to persons or property and

may by statute limit the recovery of noneconomic damages for

injuries resulting in death, or for injuries to persons or

property. In case of death from such injuries, the right of

action shall survive, and the General Assembly shall prescribe

for whose benefit such actions shall be prosecuted. No act shall

prescribe any limitations of time within which suits may be

brought against corporations for injuries to persons or

property, or for other causes different from those fixed by

general laws regulating actions against natural persons, and

such acts now existing are avoided.

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

Assembly of this proposed constitutional amendment, the

Secretary of the Commonwealth shall proceed immediately to

comply with the advertising requirements of section 1 of Article

XI of the Constitution of Pennsylvania and shall transmit the

required advertisements to two newspapers in every county in

which such newspapers are published in sufficient time after

passage of this proposed constitutional amendment.

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

proposed constitutional amendment, the Secretary of the

Commonwealth shall proceed immediately to comply with the

advertising requirements of section 1 of Article XI of the

Constitution of Pennsylvania and shall transmit the required

advertisements to two newspapers in every county in which such

newspapers are published in sufficient time after passage of

this proposed constitutional amendment. The Secretary of the

Commonwealth shall submit this proposed constitutional amendment

to the qualified electors of this Commonwealth at the first

primary, general or municipal election which meets the

requirements of and is in conformance with section 1 of Article

XI of the Constitution of Pennsylvania and which occurs at least

three months after the proposed constitutional amendment is

passed by the General Assembly.