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                                                      PRINTER'S NO. 2236

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 1718 Session of 2003


        INTRODUCED BY NICKOL, EACHUS, VANCE, DeWEESE, S. H. SMITH, VEON
           AND MACKERETH, JUNE 26, 2003

        REFERRED TO COMMITTEE ON HEALTH AND HUMAN SERVICES,
           JUNE 26, 2003

                                     AN ACT

     1  Amending the act of June 26, 2001 (P.L.755, No.77), entitled "An
     2     act establishing a special fund and account for money
     3     received by the Commonwealth from the Master Settlement
     4     Agreement with tobacco manufacturers; providing for home and
     5     community-based care, for tobacco use prevention and
     6     cessation efforts, for Commonwealth universal research
     7     enhancement, for hospital uncompensated care, for health
     8     investment insurance, for medical assistance for workers with
     9     disabilities, for regional biotechnology research centers,
    10     for the HealthLink Program, for community-based health care
    11     assistance programs, for PACE reinstatement and PACENET
    12     expansion, for medical education loan assistance and for
    13     percentage allocation and appropriation of moneys," imposing
    14     limitations on supersedeas bond requirements.

    15     The General Assembly of the Commonwealth of Pennsylvania
    16  hereby enacts as follows:
    17     Section 1.  The act of June 26, 2001 (P.L.755, No.77), known
    18  as the Tobacco Settlement Act, is amended by adding a section to
    19  read:
    20  Section 309.  Limits on supersedeas bond requirements.
    21     (a)  General rule.--Except as otherwise provided in
    22  subsection (b), in civil litigation under any legal theory
    23  involving a signatory, a successor of a signatory or an


     1  affiliate of a signatory to the Master Settlement Agreement, the
     2  supersedeas bond to be furnished during the pendency of all
     3  appeals or discretionary reviews of any judgment granting legal,
     4  equitable or any other form of relief in order to stay the
     5  execution thereon during the entire course of any appellate
     6  reviews shall be set in accordance with applicable laws or court
     7  rules provided that the total supersedeas bond that is required
     8  of all appellants collectively shall not exceed $25,000,000,
     9  regardless of the value of the judgment.
    10     (b)  Exception.--Notwithstanding subsection (a), if an
    11  appellee proves by a preponderance of the evidence that an
    12  appellant is dissipating assets outside the ordinary course of
    13  business to avoid payment of a judgment, the court may enter an
    14  order that:
    15         (1)  Is necessary to protect the appellee.
    16         (2)  Requires the appellant to post a supersedeas bond in
    17     an amount up to the total amount of the judgment.
    18     Section 2.  This act shall apply to any action pending on the
    19  effective date of this act.
    20     Section 3.  This act shall take effect immediately.







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