PRINTER'S NO. 413
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
401
Session of
2017
INTRODUCED BY GROVE, MARSICO, PICKETT, ORTITAY, BLOOM, BAKER,
RYAN, NEILSON, PHILLIPS-HILL, MILLARD, D. COSTA, LAWRENCE AND
WARD, FEBRUARY 8, 2017
REFERRED TO COMMITTEE ON JUDICIARY, FEBRUARY 8, 2017
AN ACT
Amending Title 42 (Judiciary and Judicial Procedure) of the
Pennsylvania Consolidated Statutes, in jurisdiction of
appellate courts, providing for commerce court program; and,
in organization and jurisdiction of courts of common pleas,
providing for commerce courts.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 42 of the Pennsylvania Consolidated
Statutes is amended by adding sections to read:
§ 743. Commerce court program.
(a) Appeals.--The Superior Court may establish from
available funds a commerce court program that shall have
specialized jurisdiction. In a commerce court program
established under this section, the specialized jurisdiction of
appeals relating to the following matters may be vested in the
program:
(1) The internal affairs, governance, dissolution,
liquidation, rights or obligations between or among owners
and liability or indemnity of managers of business
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corporations, partnerships, limited partnerships, limited
liability partnerships, professional associations, business
trusts, joint ventures or other business enterprises,
including any actions involving the interpretation of the
rights or obligations under the organic law, articles of
incorporation, bylaws or agreements governing these
enterprises.
(2) Disputes between or among two or more business
enterprises relating to a transaction, business relationship
or a contract.
(b) Rules.--The court may adopt rules for the administration
of the program established under this section. The rules may not
be inconsistent with this section or any rule established by the
Supreme Court.
§ 916.1. Commerce courts.
(a) Establishment.--The court of common pleas of a judicial
district may establish from available funds a commerce court
that shall have specialized jurisdiction. In a court of common
pleas that has established a commerce court under this section,
the exclusive jurisdiction of cases relating to the following
matters may be vested in the commerce court:
(1) The internal affairs, governance, dissolution,
liquidation, rights or obligations between or among owners
and liability or indemnity of managers of business
corporations, partnerships, limited partnerships, limited
liability partnerships, professional associations, business
trusts, joint ventures or other business enterprises,
including any actions involving the interpretation of the
rights or obligations under the organic law, articles of
incorporation, bylaws or agreements governing these
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enterprises.
(2) Disputes between or among two or more business
enterprises relating to a transaction, business relationship
or a contract.
(b) Rules.--The court may adopt local rules for the
administration of commerce courts established under this
section. The local rules may not be inconsistent with this
section or any rule established by the Supreme Court.
(c) Statewide commerce courts coordinator.--To the extent
that funds are available, the Supreme Court may appoint a
Statewide commerce court coordinator. The coordinator may:
(1) Encourage and assist in the establishment of
commerce courts in each judicial district.
(2) Develop model guidelines for the administration of
commerce courts and their related services.
(3) Establish procedures for monitoring commerce courts
and for evaluating the effectiveness of commerce courts.
(d) Advisory committee.--The Supreme Court may establish,
from available funds, an interdisciplinary and interbranch
advisory committee to advise and assist the Statewide commerce
courts coordinator in monitoring and administrating commerce
courts Statewide.
Section 2. This act shall take effect in 60 days.
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