PRINTER'S NO. 3600

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 2674 Session of 1978


        INTRODUCED BY FRYER, RUGGIERO, COLE, MORRIS, WEIDNER,
           A. C. FOSTER JR., LIVENGOOD, DeMEDIO, LOGUE, TRELLO AND
           M. H. GEORGE, SEPTEMBER 11, 1978

        REFERRED TO COMMITTEE ON LOCAL GOVERNMENT, SEPTEMBER 11, 1978

                               A JOINT RESOLUTION

     1  Proposing an amendment to the Constitution of the Commonwealth
     2     of Pennsylvania, permitting the General Assembly to enact
     3     laws which will limit the liability of the Commonwealth and
     4     its political subdivisions in certain instances.

     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  the Commonwealth of Pennsylvania is proposed in accordance with
     9  the provisions of Article XI thereof:
    10     That section 18 of Article III be amended to read:
    11  § 18.  Compensation laws allowed to General Assembly.
    12     The General Assembly may enact laws requiring the payment by
    13  employers, or employers and employees jointly, of reasonable
    14  compensation for injuries to employees arising in the course of
    15  their employment, and for occupational diseases of employees,
    16  whether or not such injuries or diseases result in death, and
    17  regardless of fault of employer or employee, and fixing the
    18  basis of ascertainment of such compensation and the maximum and


     1  minimum limits thereof, and providing special or general
     2  remedies for the collection thereof[; but in]. The General
     3  Assembly may enact laws to limit the liability of the
     4  Commonwealth and its political subdivisions. In no other cases
     5  shall the General Assembly limit the amount to be recovered for
     6  injuries resulting in death, or for injuries to persons or
     7  property, and in case of death from such injuries, the right of
     8  action shall survive, and the General Assembly shall prescribe
     9  for whose benefit such actions shall be prosecuted. No act shall
    10  prescribe any limitations of time within which suits may be
    11  brought against corporations for injuries to persons or
    12  property, or for other causes different from those fixed by
    13  general laws regulating actions against natural persons, and
    14  such acts now existing are avoided.
    15     Section 2.  This proposed amendment shall be submitted by the
    16  Secretary of the Commonwealth to the qualified electors of the
    17  State, at the primary or general election next held after the
    18  advertising requirements of Article XI, section 1 of the
    19  Constitution of the Commonwealth of Pennsylvania have been
    20  satisfied.







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