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                              PRIOR PASSAGE - NONE
                                                      PRINTER'S NO. 1386

THE GENERAL ASSEMBLY OF PENNSYLVANIA


SENATE BILL

No. 9 Session of 2004


        INTRODUCED BY MOWERY, FEBRUARY 9, 2004

        REFERRED TO JUDICIARY, FEBRUARY 9, 2004

                               A JOINT RESOLUTION

     1  Proposing an amendment to the Constitution of the Commonwealth
     2     of Pennsylvania, further providing for compensation laws
     3     allowed to the General Assembly.

     4     The General Assembly of the Commonwealth of Pennsylvania
     5  hereby resolves as follows:
     6     Section 1.  The following amendment to the Constitution of
     7  Pennsylvania is proposed in accordance with Article XI:
     8     That section 18 of Article III be amended to read:
     9  § 18.  Compensation laws allowed to General Assembly.
    10     The General Assembly may enact laws requiring the payment by
    11  employers, or employers and employees jointly, of reasonable
    12  compensation for injuries to employees arising in the course of
    13  their employment, and for occupational diseases of employees,
    14  whether or not such injuries or diseases result in death, and
    15  regardless of fault of employer or employee, and fixing the
    16  basis of ascertainment of such compensation and the maximum and
    17  minimum limits thereof, and providing special or general


     1  remedies for the collection thereof; but in no other cases shall
     2  the General Assembly limit the amount to be recovered for
     3  injuries resulting in death, or for injuries to persons or
     4  property, and in case of death from such injuries, the right of
     5  action shall survive, and the General Assembly shall prescribe
     6  for whose benefit such actions shall be prosecuted. No act shall
     7  prescribe any limitations of time within which suits may be
     8  brought against corporations for injuries to persons or
     9  property[,] or for other causes different from those fixed by
    10  general laws regulating actions against natural persons[,] and
    11  such acts now existing are avoided.
    12     Section 2.  (a)  Upon the first passage by the General
    13  Assembly of this proposed constitutional amendment, the
    14  Secretary of the Commonwealth shall proceed immediately to
    15  comply with the advertising requirements of section 1 of Article
    16  XI of the Constitution of Pennsylvania and shall transmit the
    17  required advertisements to two newspapers in every county in
    18  which such newspapers are published in sufficient time after
    19  passage of this proposed constitutional amendment.
    20     (b)  Upon the second passage by the General Assembly of this
    21  proposed constitutional amendment, the Secretary of the
    22  Commonwealth shall proceed immediately to comply with the
    23  advertising requirements of section 1 of Article XI of the
    24  Constitution of Pennsylvania and shall transmit the required
    25  advertisements to two newspapers in every county in which such
    26  newspapers are published in sufficient time after passage of
    27  this proposed constitutional amendment. The Secretary of the
    28  Commonwealth shall submit this proposed constitutional amendment
    29  to the qualified electors of this Commonwealth at the first
    30  primary, general or municipal election which meets the
    20040S0009B1386                  - 2 -     

     1  requirements of and is in conformance with section 1 of Article
     2  XI of the Constitution of Pennsylvania and which occurs at least
     3  three months after the proposed constitutional amendment is
     4  passed by the General Assembly.


















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