1Proposing an amendment to the Constitution of the Commonwealth
2of Pennsylvania, authorizing legislation to limit recovery of
3noneconomic and punitive damages in medical malpractice
4actions.

5The General Assembly of the Commonwealth of Pennsylvania
6hereby resolves as follows:

7Section 1.  The following amendment to the Constitution of
8Pennsylvania is proposed in accordance with Article XI:

9That section 18 of Article III be amended to read:

10§ 18.  Compensation and medical malpractice laws allowed to
11General Assembly.

12(a)  The General Assembly may enact laws requiring the
13payment by employers, or employers and employees jointly, of
14reasonable compensation for injuries to employees arising in the
15course of their employment, and for occupational diseases of
16employees, whether or not such injuries or diseases result in
17death, and regardless of fault of employer or employee, and
18fixing the basis of ascertainment of such compensation and the

1maximum and minimum limits thereof, and providing special or
2general remedies for the collection [thereof; but in no other
3cases shall the General Assembly limit the amount to be
4recovered for injuries resulting in death, or for injuries to
5persons or property, and in] thereof. In case of death from such
6injuries, the right of action shall survive, and the General
7Assembly shall prescribe for whose benefit such actions shall be
8prosecuted. No act shall prescribe any limitations of time
9within which suits may be brought against corporations for
10injuries to persons or property, or for other causes different
11from those fixed by general laws regulating actions against
12natural persons, and such acts now existing are avoided.

13(b)  The General Assembly may enact laws limiting the amount
14of recovery for noneconomic damages and punitive damages in
15medical malpractice actions.

16(c)  In no other cases shall the General Assembly limit the
17amount to be recovered for injuries resulting in death or for
18injuries to persons or property.

19Section 2.  (a)  Upon the first passage by the General
20Assembly of this proposed constitutional amendment, the
21Secretary of the Commonwealth shall proceed immediately to
22comply with the advertising requirements of section 1 of Article
23XI of the Constitution of Pennsylvania and shall transmit the
24required advertisements to two newspapers in every county in
25which such newspapers are published in sufficient time after
26passage of this proposed constitutional amendment.

27(b)  Upon the second passage by the General Assembly of this
28proposed constitutional amendment, the Secretary of the
29Commonwealth shall proceed immediately to comply with the
30advertising requirements of section 1 of Article XI of the

1Constitution of Pennsylvania and shall transmit the required
2advertisements to two newspapers in every county in which such
3newspapers are published in sufficient time after passage of
4this proposed constitutional amendment. The Secretary of the
5Commonwealth shall submit this proposed constitutional amendment
6to the qualified electors of this Commonwealth at the first
7primary, general or municipal election which meets the
8requirements of and is in conformance with section 1 of Article
9XI of the Constitution of Pennsylvania and which occurs at least
10three months after the proposed constitutional amendment is
11passed by the General Assembly.