Regular Session 2015-2016 Senate Bill 1043 P.N. 1355

PRINTER'S NO. 1355

THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

No.

1043

Session of

2015

INTRODUCED BY GREENLEAF, RAFFERTY AND SCHWANK, OCTOBER 23, 2015

REFERRED TO JUDICIARY, OCTOBER 23, 2015

AN ACT

Amending Titles 12 (Commerce and Trade), 15 (Corporations and

Unincorporated Associations) and 42 (Judiciary and Judicial

Procedure) of the Pennsylvania Consolidated Statutes,

providing for enforcement of mercantile contracts; in general

provisions, further providing for definitions; in workers'

cooperative corporations, further providing for records; in

general provisions, further providing for definitions; in

general structure and powers, further providing for unified

judicial system; in organization of appellate courts,

providing for appellate division of the Commerce Court of

Pennsylvania; in jurisdiction of appellate courts, further

providing for transfers between intermediate appellate

courts, for lien of judgments for money, for direct appeals

from courts of common pleas, for allowance of appeals from

Superior and Commonwealth courts, for appeals from courts of

common pleas, for original jurisdiction, for appeals from

courts of common pleas and for direct appeals from government

agencies; providing for jurisdiction of appellate division of

the Commerce Court; providing for organization and

jurisdiction of the Commerce Court of Pennsylvania; in

judicial boards and commissions, in selection and retention

of judicial officers, providing for selection and retention

of judges of the Commerce Court; in budget and finance,

providing for salaries of judges of the Commerce Court;

establishing the Commerce Court Fund; in preliminary

provisions, further providing for right to appellate review,

for bases of personal jurisdiction over persons outside this

Commonwealth and for appeals generally; and, in arbitration,

further providing for scope of subchapter and providing for

Commerce Court arbitration.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Title 12 of the Pennsylvania Consolidated

Statutes is amended by adding a chapter to read:

CHAPTER 2

ENFORCEMENT OF MERCANTILE CONTRACTS

Sec.

201. Choice of law.

202. Choice of forum.

203. Choice of jurisdiction or venue.

§ 201. Choice of law.

(a) General rule.--Except as provided in 13 Pa.C.S. §

1301(b) (relating to territorial applicability; parties' power

to choose applicable law), the parties to any contract,

agreement or undertaking, contingent or otherwise, may agree in

writing that the laws of this Commonwealth shall govern their

rights, remedies, liabilities, powers and duties, in whole or in

part, in all matters arising under the contract, agreement or

undertaking that are within the jurisdiction of the Commerce

Court under 42 Pa.C.S. § 832 (relating to original

jurisdiction), whether or not the contract, agreement or

undertaking otherwise bears a reasonable relation to this

Commonwealth.

(b) Other rights unaffected.--Nothing in this section shall

be construed to limit or deny the enforcement of any provisions

respecting choice of law in any other contract, agreement or

undertaking.

§ 202. Choice of forum.

(a) General rule.--Any person may maintain an action or

proceeding against a qualified person in the Commerce Court

where the action or proceeding relates to a matter that is

within the jurisdiction of the Commerce Court under 42 Pa.C.S. §

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832 (relating to original jurisdiction) and arises under any

contract, agreement or undertaking, contingent or otherwise,

that contains a provision by which the qualified person agrees

to submit to the jurisdiction of the courts of this

Commonwealth.

(b) Other rights unaffected.--Nothing contained in this

section shall be construed to limit or deny the enforcement of

any provisions respecting choice of forum in any other contract,

agreement or undertaking.

"qualified person" means:

(1) a foreign or alien person, nonresident person or

foreign state;

(2) a public utility corporation as defined in 15

Pa.C.S. § 1103 (relating to definitions);

(3) a foreign corporation for profit that, if organized

under the laws of this Commonwealth, would be a public

utility corporation as defined in 15 Pa.C.S. § 1103; or

(4) an association as defined in 15 Pa.C.S. § 102

(relating to definitions), whether domestic or foreign, all

of the outstanding shares or other equitable interests of

which are owned by a person or entity under paragraph (1),

(2) or (3).

§ 203. Choice of jurisdiction or venue.

(a) General rule.--A written agreement by a qualified person

fixing the court having jurisdiction, as between courts of

concurrent jurisdiction, or the place of trial in a matter

within the jurisdiction of the Commerce Court under 42 Pa.C.S. §

832 (relating to original jurisdiction), made before an action

is commenced, shall be enforced against the person upon an

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application, motion or praecipe for removal or transfer to

another court of concurrent jurisdiction or for change of place

of trial.

(b) Other rights unaffected.--Nothing in this section shall

be construed to limit or deny the enforcement of any provisions

respecting jurisdiction of courts or place of trial in any other

contract, agreement or undertaking.

"qualified person" means:

(1) a foreign or alien person, nonresident person or

foreign state;

(2) a public utility corporation as defined in 15

Pa.C.S. § 1103 (relating to definitions);

(3) a foreign corporation for profit that, if organized

under the laws of this Commonwealth, would be a public

utility corporation as defined in 15 Pa.C.S. § 1103; or

(4) an association as defined in 15 Pa.C.S. § 102

(relating to definitions), whether domestic or foreign, all

of the outstanding shares or other equitable interests of

which are owned by a person or entity under paragraph (1),

(2) or (3).

Section 2. The definition of "court" in section 102 of Title

15 is amended to read:

§ 102. Definitions.

(a) Defined terms.--Subject to additional or inconsistent

definitions contained in subsequent provisions of this title

that are applicable to specific provisions of this title, the

following words and phrases when used in this title shall have,

unless the context clearly indicates otherwise, the meanings

given to them in this section:

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* * *

"Court." Subject to 42 Pa.C.S. § 833 (relating to concurrent

and exclusive jurisdiction) and, with respect to paragraphs (1)

and (2), any inconsistent general rule prescribed by the Supreme

Court of Pennsylvania:

(1) the court of common pleas of the judicial district

embracing the county where the registered office of the

corporation or other association is or is to be located; [or]

(2) where an association results from a merger, division

or other transaction without establishing a registered office

in this Commonwealth or withdraws as a foreign corporation or

association, the court of common pleas in which venue would

have been laid immediately prior to the transaction or

withdrawal[.]; or

(3) the Commerce Court of Pennsylvania.

* * *

Section 3. Section 7714(c)(1) of Title 15 is amended to

read:

§ 7714. Records.

* * *

(1) If the corporation refuses to permit an inspection

sought by a member under subsection (b) or does not reply to

the demand within five business days after the demand has

been made, the member may apply to the court [of common pleas

of the county in which the registered office of the

corporation is located] for an order to compel inspection.

The court [of common pleas] has exclusive original

jurisdiction to determine whether or not the person seeking

inspection is entitled to the inspection sought. The court

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may summarily order the corporation to permit the member to

inspect the material and to make copies or extracts. The

court may order the corporation to furnish to the member a

list of its members as of a specific date on condition that

the member first pay to the corporation the reasonable cost

of obtaining and furnishing the list and on other conditions

as the court deems appropriate.

* * *

Section 4. The definition of "appellate court" in section

102 of Title 42 is amended and the section is amended by adding

definitions to read:

§ 102. Definitions.

Subject to additional definitions contained in subsequent

provisions of this title which are applicable to specific

provisions of this title, the following words and phrases when

used in this title shall have, unless the context clearly

indicates otherwise, the meanings given to them in this section:

* * *

"Appellate court." Includes the Supreme Court, the Superior

Court [and], the Commonwealth Court and the appellate division

of the Commerce Court.

"Appellate division." The appellate division of the Commerce

Court established under section 581 (relating to appellate

division of Commerce Court).

* * *

"Commerce Court." The court established under section 811

(relating to Commerce Court).

"Commerce Court rule." A rule or order promulgated by the

Commerce Court.

* * *

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"Statewide judges." Judges of the Supreme Court, Superior

Court, Commonwealth Court and Commerce Court.

* * *

Section 5. Section 301 of Title 42 is amended to read:

§ 301. Unified judicial system.

The judicial power of the Commonwealth shall be vested in a

unified judicial system consisting of the:

(1) Supreme Court.

(2) Superior Court.

(3) Commonwealth Court.

(3.1) Commerce Court.

(4) Courts of common pleas.

(5) Community courts.

(6) Philadelphia Municipal Court.

(7) Pittsburgh Magistrates Court.

(8) Traffic Court of Philadelphia.

(9) Magisterial district judges.

All courts and magisterial district judges and their

jurisdiction shall be in this unified judicial system.

Section 6. Chapter 5 of Title 42 is amended by adding a

subchapter to read:

SUBCHAPTER E

APPELLATE DIVISION OF THE

COMMERCE COURT OF PENNSYLVANIA

Sec.

581. Appellate division of Commerce Court.

582. Powers of appellate division.

583. Seat of appellate division.

§ 581. Appellate division of Commerce Court.

(a) General rule.--There shall be an appellate division of

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the Commerce Court which shall consist of the following:

(1) The president judge and the other judges in regular

active service.

(2) Four years after the effective date of this section,

the president judge and four other senior judges in regular

active service.

(b) Panels and en banc.--When reviewing orders of the

Commerce Court, the appellate division shall sit in panels, and

no member of the appellate division shall participate as a

member of a panel in the judicial review of any order or other

action in which the person participated as a matter of original

jurisdiction. A decision of a panel may be reviewed by the

division en banc.

§ 582. Powers of appellate division.

The appellate division of the Commerce Court shall have all

powers necessary or appropriate in aid of its jurisdiction which

are agreeable to the usages and principles of law.

§ 583. Seat of appellate division.

The regular sessions of the appellate division of the

Commerce Court shall be held in the cities of Harrisburg,

Philadelphia and Pittsburgh and any other location as prescribed

by Commerce Court rule.

Section 7. Sections 705, 707, 722, 724, 742, 761, 762(a)(5)

and (b) and 763 of Title 42 are amended to read:

§ 705. Transfers [between] among intermediate appellate courts.

The Superior Court [and], the Commonwealth Court and the

appellate division of the Commerce Court shall have power

pursuant to general rules, on their own motion or upon

[petition] application of any party, to transfer any appeal to

[the other] another appellate court or division, subject to the

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restrictions of section 835 (relating to restrictions on

jurisdiction), for consideration and decision with any matter

pending in such other court or division involving the same or

related questions of fact, law or discretion.

§ 707. Lien of judgments for money.

Any judgment or other order of the Supreme Court, the

Superior Court [or], the Commonwealth Court or the appellate

division of the Commerce Court for the payment of money shall

not be a lien upon real property in any county until it is

entered of record in the office of the clerk of the court of

common pleas of the county where the property is situated, or in

the office of the clerk of the branch of the court of common

pleas embracing such county, in the same manner as a judgment

transferred from the court of common pleas of another county.

§ 722. Direct appeals from courts of common pleas.

(a) General rule.--The Supreme Court shall have exclusive

jurisdiction of appeals from final orders of the courts of

common pleas in the following classes of cases:

(1) Matters prescribed by general rule.

(2) The right to public office.

(3) Matters where the qualifications, tenure or right to

serve, or the manner of service, of any member of the

judiciary is drawn in question.

(4) Automatic review of sentences as provided by 42

Pa.C.S. §§ 9546(d) (relating to relief and order) and 9711(h)

(relating to sentencing procedure for murder of the first

degree).

(5) Supersession of a district attorney by an Attorney

General or by a court or where the matter relates to the

convening, supervision, administration, operation or

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discharge of an investigating grand jury or otherwise

directly affects such a grand jury or any investigation

conducted by it.

(6) Matters where the right or power of the Commonwealth

or any political subdivision to create or issue indebtedness

is drawn in direct question.

(7) [Matters] Except as provided under subsection (b),

matters where the court of common pleas has held invalid as

repugnant to the Constitution, treaties or laws of the United

States, or to the Constitution of this Commonwealth, any

treaty or law of the United States or any provision of the

Constitution of, or of any statute of, this Commonwealth, or

any provision of any home rule charter.

(8) Matters where the right to practice law is drawn in

direct question.

(b) Exception.--The Supreme Court shall not have

jurisdiction under subsection (a)(7) of such classes of appeals

from the courts of common pleas under section 783 (relating to

appeals from courts of common pleas) within the exclusive

jurisdiction of the appellate division of the Commerce Court.

§ 724. Allowance of appeals from [Superior and Commonwealth

Courts] intermediate appellate courts.

(a) General rule.--Except as provided by section 9781(f)

(relating to limitation on additional appellate review), final

orders of the Superior Court and final orders of the

Commonwealth Court not appealable under section 723 (relating to

appeals from Commonwealth Court) may be reviewed by the Supreme

Court upon allowance of appeal by any two justices of the

Supreme Court upon petition of any party to the matter. If the

petition shall be granted, the Supreme Court shall have

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jurisdiction to review the order in the manner provided by

section 5105(d)(1) (relating to scope of appeal).

(a.1) Commerce Court appeals.--Final orders of the appellate

division of the Commerce Court may be reviewed by the Supreme

Court upon allowance of appeal by any two justices of the

Supreme Court upon petition of any party to the matter if the

petition is granted within 90 days after it is filed. If the

petition under this subsection is granted, the Supreme Court

shall have jurisdiction to review the order in the manner

provided by section 5105(d)(1).

(b) Improvident appeals.--If an appeal is improvidently

taken to the Supreme Court under section 723 in a case where the

proper mode of review is by petition for allowance of appeal

under this section, this alone shall not be a ground for

dismissal, but the papers whereon the appeal was taken shall be

regarded and acted on as a petition for allowance of appeal and

as if duly filed at the time the appeal was taken.

§ 742. Appeals from courts of common pleas.

The Superior Court shall have exclusive appellate

jurisdiction of all appeals from final orders of the courts of

common pleas, regardless of the nature of the controversy or the

amount involved, except such classes of appeals as are by any

provision of this chapter within the exclusive jurisdiction of

the Supreme Court [or], the Commonwealth Court or the appellate

division of the Commerce Court.

§ 761. Original jurisdiction.

(a) General rule.--The Commonwealth Court shall have

original jurisdiction of all civil actions or proceedings:

(1) Against the Commonwealth government, including any

officer thereof, acting in his official capacity, except:

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(i) actions or proceedings in the nature of

applications for a writ of habeas corpus or post-

conviction relief not ancillary to proceedings within the

appellate jurisdiction of the court;

(ii) eminent domain proceedings;

(iii) actions or proceedings conducted pursuant to

Chapter 85 (relating to matters affecting government

units);

(iv) actions or proceedings conducted pursuant to

the act of May 20, 1937 (P.L.728, No.193), referred to as

the Board of Claims Act; [and]

(v) actions or proceedings in the nature of trespass

as to which the Commonwealth government formerly enjoyed

sovereign or other immunity and actions or proceedings in

the nature of assumpsit relating to such actions or

proceedings in the nature of trespass[.]; and

(vi) such matters under Subchapter C of Chapter 8

(relating to jurisdiction of the Commerce Court) within

the jurisdiction of the Commerce Court.

(2) By the Commonwealth government, including any

officer thereof, acting in his official capacity, except:

(i) eminent domain proceedings[.]; and

(ii) such matters prescribed by section 832(a)(1) or

jurisdiction of the Commerce Court.

[(3) Arising under Article V of the act of May 17, 1921

(P.L.789, No.285), known as "The Insurance Department Act of

1921."]

(4) Original jurisdiction of which is vested in the

Commonwealth Court by any unrepealed statute [hereafter]

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enacted after April 28, 1978.

(b) Concurrent and exclusive jurisdiction.--The jurisdiction

of the Commonwealth Court under subsection (a) shall be

exclusive except as provided in section 721 (relating to

original jurisdiction) and except with respect to actions or

proceedings by the Commonwealth government, including any

officer thereof, acting in his official capacity, where the

jurisdiction of the court shall be concurrent with the Commerce

Court and the several courts of common pleas.

original jurisdiction in cases of mandamus and prohibition to

courts of inferior jurisdiction and other government units where

such relief is ancillary to matters within its appellate

jurisdiction, and it, or any judge thereof, shall have full

power and authority when and as often as there may be occasion,

to issue writs of habeas corpus under like conditions returnable

to the said court. To the extent prescribed by general rule the

Commonwealth Court shall have ancillary jurisdiction over any

claim or other matter which is related to a claim or other

matter otherwise within its exclusive original jurisdiction.

§ 762. Appeals from courts of common pleas.

(a) General rule.--Except as provided in subsection (b), the

Commonwealth Court shall have exclusive jurisdiction of appeals

from final orders of the courts of common pleas in the following

cases:

* * *

[(5) Certain private corporation matters.--

(i) All actions or proceedings relating to

corporations not-for-profit arising under Title 15

(relating to corporations and unincorporated

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associations) or where is drawn in question the

application, interpretation or enforcement of any

provision of the Constitution, treaties or laws of the

United States, or the Constitution of Pennsylvania or any

statute, regulating in any such case the corporate

affairs of any corporation not-for-profit subject to

Title 15 or the affairs of the members, security holders,

directors, officers, employees or agents thereof, as

such.

(ii) All actions or proceedings otherwise involving

the corporate affairs of any corporation not-for-profit

subject to Title 15 or the affairs of the members,

security holders, directors, officers, or employees or

agents thereof, as such.]

* * *

(b) Exception.--The Commonwealth Court shall not have

jurisdiction of such classes of appeals from courts of common

pleas as are by [section]:

(1) Section 722 (relating to direct appeals from courts

of common pleas) within the exclusive jurisdiction of the

Supreme Court.

(2) Section 783 (relating to appeals from courts of

common pleas) within the exclusive jurisdiction of the

appellate division of the Commerce Court.

§ 763. Direct appeals from government agencies.

* * *

jurisdiction of such classes of appeals from government agencies

as are:

(1) By section 725 (relating to direct appeals from

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constitutional and judicial agencies) within the exclusive

jurisdiction of the Supreme Court.

(1.1) By section 832(c) (relating to original

jurisdiction) within the exclusive jurisdiction of the

Commerce Court.

(2) By section 933 (relating to appeals from government

agencies) within the exclusive jurisdiction of the courts of

common pleas.

Section 8. Chapter 7 of Title 42 is amended by adding a

subchapter to read:

SUBCHAPTER E

JURISDICTION OF APPELLATE DIVISION OF

THE COMMERCE COURT

Sec.

781. Original jurisdiction.

782. Appeals from Commerce Court original hearing matters.

783. Appeals from courts of common pleas.

784. Answer of certified questions of law.

785. Certification of questions of law.

§ 781. Original jurisdiction.

The appellate division of the Commerce Court shall have no

original jurisdiction, except:

(1) in cases of mandamus and prohibition to:

(i) the judges of the Commerce Court when exercising

the original jurisdiction of the Commerce Court; or

(ii) courts of inferior jurisdiction where such

relief is ancillary to matters within the appellate

jurisdiction of the division; and

(2) that the division, or any member thereof, shall have

full power and authority when and as often as there may be

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occasion to issue writs of habeas corpus under like

conditions returnable to the court.

§ 782. Appeals from Commerce Court original hearing matters.

The appellate division of the Commerce Court shall have

exclusive appellate jurisdiction of all appeals from final

orders of the Commerce Court entered by a single member thereof,

regardless of the nature of the controversy or the amount

involved.

§ 783. Appeals from courts of common pleas.

(a) General rule.--Except as provided in subsection (b), the

appellate division of the Commerce Court shall have exclusive

jurisdiction of appeals from final orders of the courts of

common pleas in the following cases:

(1) Any civil action or proceeding:

(i) In accordance with section 832(a) (relating to

original jurisdiction), original jurisdiction of which is

exercised by the courts of common pleas either originally

or upon review of a determination of the minor judiciary.

(ii) Arising under Subchapter A (relating to

statutory arbitration) or B (relating to common law

arbitration) of Chapter 73 in any case otherwise within

the appellate jurisdiction of the appellate division in

the absence of arbitration.

(2) Any criminal contempt proceeding arising with

respect to any matter within the appellate jurisdiction of

the court under paragraph (1).

(b) Exception.--The appellate division of the Commerce Court

shall not have jurisdiction of such classes of appeals from

courts of common pleas under section 722 (relating to direct

appeals from courts of common pleas) within the exclusive

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jurisdiction of the Supreme Court.

judiciary" includes the Philadelphia Municipal Court.

§ 784. Answer of certified questions of law.

(a) General rule.--The appellate division of the Commerce

Court may answer questions of law certified to it by a United

States appellate court or the highest appellate court or the

intermediate appellate court of any other state or jurisdiction

when requested by the certifying court if questions of law are

involved in any matter pending before the certifying court that

meet the following requirements:

(1) The questions of law are within the jurisdiction of

the appellate division which may be determinative of the

matter in the certifying court.

(2) The questions of law appear to the certifying court

to have no controlling precedent in the decisions of the

appellate division courts of this Commonwealth.

(b) Contents of certification order.--A certification order

shall set forth:

(1) The questions of law to be answered.

(2) A statement of all facts relevant to the questions

certified and showing fully the nature of the controversy in

which the question arose.

order shall be prepared by the certifying court, signed by the

judge presiding over the matter and forwarded to the appellate

division of the Commerce Court by the clerk of the certifying

court under its official seal. The appellate division may

require the original or copies of the record before the

certifying court to be filed with the certification order if, in

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the opinion of the appellate division, the record may be

necessary in answering the questions.

(d) Costs of certification.--Fees and costs shall be the

same as in appeals docketed before the appellate division and

shall be equally divided between the parties unless otherwise

ordered by the certifying court in its order of certification.

(e) Briefs and argument.--Proceedings in the appellate

division under this section shall be governed by Commerce Court

rules, which may provide specifically for the answering and

certification of questions of law under this section.

(f) Opinion.--The written opinion of the appellate division

of the Commerce Court stating the law governing the questions

certified shall be sent by the clerk under the seal of the

appellate division of the Commerce Court to the certifying court

and to the parties. An order adopting a written opinion shall be

subject to appeal under section 724(b) (relating to allowance of

appeals from intermediate courts).

§ 785. Certification of questions of law.

(a) General rule.--The appellate division of the Commerce

Court, on its own motion or on the application of any party, may

certify questions of law to a United States appellate court or

to the highest appellate court or the intermediate appellate

court of any other state or jurisdiction, when it appears that:

(1) the matter pending before the appellate division

involves questions of law of the receiving jurisdiction that

may be determinative of the matter in the appellate division;

and

(2) there is no controlling precedent in the appellate

court decisions of the receiving jurisdiction.

(b) Law of case.--The certification order may contain a

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provision that the answer to the certified question shall be

deemed the law of the case for all further proceedings in the

courts of this Commonwealth.

receiving jurisdiction shall conform to the laws of the

receiving jurisdiction.

Section 10. The heading of Article C of Title 42 is amended

to read:

ARTICLE C

COMMERCE COURT AND

COURTS OF COMMON PLEAS

Section 11. Title 42 is amended by adding a chapter to read:

CHAPTER 8

ORGANIZATION AND JURISDICTION OF THE

COMMERCE COURT OF PENNSYLVANIA

Subchapter

A. (Reserved)

B. Organization of the Commerce Court

C. Jurisdiction of the Commerce Court

D. Transitional Provisions

SUBCHAPTER A

(Reserved)

SUBCHAPTER B

ORGANIZATION OF THE COMMERCE COURT

Sec.

811. Commerce Court.

812. Powers of Commerce Court.

813. Seat of court.

814. Lien of judgments for money.

§ 811. Commerce Court.

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There shall be a Commerce Court of Pennsylvania consisting of

six judges for the four years following the effective date of

this section. Thereafter, the Commerce Court shall consist of 10

judges.

§ 812. Powers of Commerce Court.

The Commerce Court shall have power to issue, under its

judicial seal, every lawful writ and process necessary or

suitable for the exercise of its jurisdiction and for the

enforcement of any order which it may make, including such writs

and process to be served or enforced by system and related

personnel as the courts of common pleas are authorized by law or

usage to issue. The court shall also have all powers of a court

of record possessed by the courts of common pleas.

§ 813. Seat of court.

(a) Central filing.--The Commerce Court shall maintain

offices for the receipt of filings at one or more locations

within this Commonwealth as may be prescribed by Commerce Court

rule.

(b) Regular sessions.--The regular sessions of the Commerce

Court shall be held in:

(1) the cities of Harrisburg and Philadelphia;

(2) such other cities in this Commonwealth where the

United States Bankruptcy Courts are required to hold regular

sessions;

(3) any judicial district of this Commonwealth where the

court of common pleas has provided by local rule that the

Commerce Court has exclusive jurisdiction over the matters

described in section 832 (relating to original jurisdiction);

and

(4) any judicial district of this Commonwealth that has:

20150SB1043PN1355 - 20 -

(i) an authorized complement of six or more judges

of the court of common pleas under section 911 (relating

to courts of common pleas); and

(ii) made available to the Commerce Court on a

scheduled basis suitable courtrooms and related physical

facilities.

appropriations, special sessions of the Commerce Court may be

held at such other places from time to time within this

Commonwealth as may be necessary for the convenience of parties

or witnesses.

(d) Reimbursement.--The Commerce Court Fund shall be used to

reimburse any county for the actual and reasonable expenses

related to the use of that county's facilities to hold regular

or other sessions of the Commerce Court.

§ 814. Lien of judgments for money.

Any judgment or other order of the Commerce Court for the

payment of money shall not be a lien upon real property in any

county until it is recorded in the office of the clerk of the

court of common pleas of the county in which the property is

situated, or in the office of the clerk of the branch of the

court of common pleas in the county, in the same manner as a

judgment transferred from the court of common pleas of another

county.

SUBCHAPTER C

JURISDICTION OF THE COMMERCE COURT

Sec.

831. Definitions.

832. Original jurisdiction.

833. Concurrent and exclusive jurisdiction.

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834. Transfers between Commerce Court and other courts.

835. Restrictions on jurisdiction.

836. Waiver of objection to jurisdiction.

837. Limitation on issue preclusion and admissibility of prior

judgment.

§ 831. Definitions.

The following words and phrases when used in this subchapter

shall have the meanings given to them in this section unless the

context clearly indicates otherwise:

"Association." A corporation, partnership, limited liability

company, business trust, joint venture, unincorporated

association, other than a labor organization, or two or more

individuals otherwise associated in a common undertaking,

whether or not for profit. The term does not include any of the

following:

(1) A testamentary or inter vivos trust as defined in 20

Pa.C.S. § 711(2) and (3) (relating to mandatory exercise of

jurisdiction through orphans' court division in general).

(2) A government unit or any agency or instrumentality

of the government unit.

(3) A combination of government units, agencies or

instrumentalities.

"Association person." A shareholder, member, partner,

associate or owner of an equity interest in, or director or

member of, the governing body or of another body, incorporator,

promoter, trustee, beneficiary, officer or assistant officer of

an association.

"Charitable purposes." The relief of poverty, the

advancement of education, the advancement of religion, the

promotion of health, governmental or municipal purposes and

20150SB1043PN1355 - 22 -

other purposes, the accomplishment of which is beneficial to the

community.

"Consumer or personal claim." A claim relating to goods or

services used or bought primarily for personal, family or

household purposes. The term includes a claim by an owner-

occupier or tenant of residential real or personal property,

including vehicles or vessels, and a claim involving a

noncommercial or personal loan, credit or payment. The term does

not include a claim:

(1) as an owner or investor in an enterprise;

(2) as a client of an investment advisor; or

(3) arising out of services to an enterprise by an

individual as a director or executive officer of the

enterprise.

"Director." Includes a manager, as defined in the applicable

organic law, of a limited liability company.

"Enterprise." An association or a sole proprietorship.

"Executive officer." As follows:

(1) The chief executive officer, chief operating

officer, principal financial officer or principal accounting

officer.

(2) The vice president of the enterprise in charge of a

principal business unit, division or function.

(3) An officer who performs a significant policymaking

function.

(4) When the enterprise is a limited partnership,

officers or employees of a general partner who perform

significant policymaking functions for the limited

partnership.

(5) When the enterprise is a trust, officers or

20150SB1043PN1355 - 23 -

employees of a trustee who perform significant policymaking

functions for the trust.

"Mercantile activity or matter." An activity or matter of an

industrial, commercial, wholesale or other business character.

The term includes, without limitation, the practice of a

profession. The term does not include any matter where a

consumer, who is a natural person, other than in the capacity of

a sole proprietor, is an indispensable party.

"Minor judiciary." The community courts, magisterial

district judges, Pittsburgh Magistrates Court and Philadelphia

Municipal Court.

"Miscellaneous corporation law." Includes:

(1) The provisions of 17 Pa.C.S. (relating to credit

unions).

(2) The act of December 1, 1959 (P.L.1647, No.606),

known as the Business Development Credit Corporation Law.

(3) The act of November 30, 1965 (P.L.847, No.356),

known as the Banking Code of 1965.

(4) The former act of December 14, 1967 (P.L.746,

No.345), known as the Savings Association Code of 1967.

(5) The former act of December 14, 1992 (P.L.835,

No.134), known as the Fraternal Benefit Societies Code.

"Organic law." Includes:

(1) The provisions of 15 Pa.C.S. (relating to

corporations and unincorporated associations).

(2) The provisions of a miscellaneous corporation law

that do not constitute regulatory law.

(3) Provisions of law that do not constitute regulatory

law and that:

(i) govern the corporate, internal or organic

20150SB1043PN1355 - 24 -

affairs of an association; or

(ii) are applicable to the management of the

business or affairs of an association or the rights,

powers or duties of an association person.

(4) The provisions of 13 Pa.C.S. Div. 8 (relating to

investment securities).

"Regulatory law." Any provision of law that regulates the

operations or business of a business unit of an association or

of an association as a whole by a government unit having

jurisdiction over the operations or business.

§ 832. Original jurisdiction.

(a) General rule.--Subject to section 835 (relating to

restrictions on jurisdiction), the Commerce Court shall have

original jurisdiction of all civil actions or proceedings:

(1) By the Commonwealth for the rehabilitation,

conservation, conversion or other delinquency, reorganization

or liquidation proceeding of a fraternal benefit society as

defined in 15 Pa.C.S. § 5103 (relating to definitions) or

similar enterprise.

(2) Relating to or involving an association arising

under its applicable organic law or a question of

application, interpretation or enforcement of the organic law

of an association or association person. The Commerce Court

shall have jurisdiction under this paragraph over the

administration or enforcement of any trust involving any

property of an association committed to charitable purposes,

which under the laws of this Commonwealth would have been

heard and determined in the orphans' court division of a

court of common pleas.

(3) Relating to or involving the issuance, sale,

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transfer or enforcement of any:

(i) equity or other security of an enterprise; or

(ii) chattel paper or instrument, as those terms are

defined in 13 Pa.C.S. § 9102 (relating to definitions and

index of definitions), of an enterprise.

(4) Relating to or involving a transaction, relationship

or agreement among two or more enterprises.

(5) Relating to or involving an agreement by an owner or

controlling person not to compete with an enterprise made in

connection with a sale or transfer of control of an

enterprise.

(6) Relating to or involving competition between

enterprises, including a claim relating to or involving

antitrust, intentional interference with contractual

relations, trade disparagement, unfair trade practices, an

agreement not to compete or a similar matter.

(7) Relating to or involving the provision or

termination of services to an enterprise, or an agreement not

to compete with an enterprise, by an association person or

executive officer.

(8) Relating to or involving a claim to title to, a lien

on or the right to the use of intellectual property,

including a claim relating to or involving a patent, trade

secret, trademark, trade name, service mark or any other

similar matter or a question of application, interpretation

or enforcement of any provision of 54 Pa.C.S. (relating to

names) other than 54 Pa.C.S. Ch. 7 (relating to judicial

change of name) or 17 (relating to newspapers) or any right

or agreement relating to those provisions.

(9) Arising as a private action under any Federal law

20150SB1043PN1355 - 26 -

which directs a Federal agency to regulate the issuance, sale

or transfer of any security or commodity.

(10) Relating to or involving a trust, mortgage or other

indenture or similar instrument or agreement described under

15 Pa.C.S. § 9501(a)(2) (relating to application and effect

of chapter).

(11) Arising under the act of December 5, 1972

(P.L.1280, No.284), known as the Pennsylvania Securities Act

of 1972, or the act of March 3, 1976 (P.L.42, No.19), known

as the Takeover Disclosure Law.

(12) Arising under Subchapter A (relating to statutory

arbitration) or B (relating to common law arbitration) of

Chapter 73 in any case otherwise within the jurisdiction of

the Commerce Court under this subsection in the absence of

arbitration.

(b) Complementary jurisdictional grounds.--The

jurisdictional grounds specified under subsection (a) are

complementary and not mutually exclusive. The court shall have

jurisdiction over any matter that satisfies the conditions of

any one of the grounds specified under subsection (a), without

regard to whether the matter satisfies the conditions or

limitations applicable to a different ground.

have original jurisdiction of actions or proceedings by or

against and appeals from:

(1) the Department of State of the Commonwealth under 13

Pa.C.S. (relating to commercial code), 15 Pa.C.S. (relating

to corporations and unincorporated associations), 17 Pa.C.S.

and 54 Pa.C.S., or any other laws of this Commonwealth

relating to the official filing of organic documents and

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related papers of a corporation or other association, except

to the extent that the law constitutes regulatory law; and

(2) the Pennsylvania Securities Commission.

(d) Ancillary matters.--Except as provided by section

835(a), the Commerce Court shall have ancillary jurisdiction

over a claim or other matter that is related to a claim or other

matter otherwise within its exclusive original jurisdiction.

§ 833. Concurrent and exclusive jurisdiction.

(a) Supervision of regulated associations.--Except as

provided in section 721 (relating to original jurisdiction), the

jurisdiction of the Commerce Court under section 832(a)(1)

(relating to original jurisdiction) shall be exclusive.

(b) Internal affairs of associations and mercantile

matters.--Except as provided in subsection (c) and section 721,

the jurisdiction of the Commerce Court under section 832(a)(2)

through (12) and under section 832(c) shall be:

(1) exclusive of the courts of common pleas for the

First, Fifth and Twelfth Judicial Districts;

(2) exclusive of the court of common pleas for any

judicial district in which the Commerce Court is required to

hold court under section 813(b)(3) (relating to seat of

court); and

(3) concurrent with the courts of common pleas for all

other judicial districts.

(relating to choice of jurisdiction or venue), a defendant shall

have the right to remove a matter pending in the Commerce Court

under subsection (b)(2) to an appropriate court of common pleas

within the time and in the manner prescribed by Commerce Court

rule, but there shall be no right of removal of a matter

20150SB1043PN1355 - 28 -

described under subsection (b)(2) from a court of common pleas

to the Commerce Court.

(d) Agreement.--Except as provided under 12 Pa.C.S. § 203, a

written agreement by a party fixing the Commerce Court as the

court having jurisdiction entered into before an action is

commenced shall not be enforceable.

§ 834. Transfers between Commerce Court and other courts.

Except as provided in section 835 (relating to restrictions

on jurisdiction), the Commerce Court or other court of original

jurisdiction shall have the power under general rules, on its

own motion or upon application of any party, to transfer a

matter to another court of coordinate jurisdiction for

consideration and decision where that court has a matter

involving the same or related questions of fact, law or

discretion.

§ 835. Restrictions on jurisdiction.

(a) General rule.--The Commerce Court shall have no

jurisdiction, by transfer or otherwise, over the following:

(1) A civil matter where a consumer, as such, other than

in the capacity of an enterprise, is a proper party or

otherwise involves a consumer or personal claim. This

exception shall not apply to:

(i) a matter arising under section 832(a)(1), (2),

(3), (8), (9) or (10) or (c) (relating to original

jurisdiction); or

(ii) a matter arising under section 832(a)(12) that

is also within the jurisdiction of the court under

section 832(a)(1), (2), (3), (8), (9) or (10).

(2) A civil matter where an individual or an

individual's representative is seeking damages for personal

20150SB1043PN1355 - 29 -

injury or wrongful death.

(3) A civil matter involving domestic relations,

distribution of marital property or denial of civil rights of

an individual.

(4) A civil matter involving:

(i) occupational health and safety;

(ii) a labor organization as a party defendant,

other than in the capacity of an owner or investor; or

(iii) labor and management relations, workers'

compensation or unemployment compensation.

(5) A civil matter involving a claim for contribution,

indemnity, insurance or subrogation relating to a matter

under paragraph (2), (3) or (4).

(6) Environmental claims not involved in the sale or

other disposition of an enterprise or a business unit of an

enterprise.

(7) A proceeding in eminent domain.

(8) Any matter required to be heard and determined in

the orphans' court division of a court of common pleas under

20 Pa.C.S. Ch. 7 (relating to orphans' court divisions),

except a matter under section 832(a)(2).

(9) A criminal matter not involving criminal contempt of

the court.

(10) Claims for damages from professional malpractice.

(11) A civil matter involving employment discrimination

or sexual harassment, except a matter under section 832(a)(5)

or (6).

(12) Claims relating to the rights, responsibilities and

obligations of insurance companies and insured persons

arising under contracts of insurance or reinsurance, except a

20150SB1043PN1355 - 30 -

matter under section 832(a)(1).

(13) A civil matter involving a claim for property

damage based on a theory of products liability.

(14) A claim for property damage or for lost income

arising from property damage asserted in a separate action by

a subrogated insurance or reinsurance company.

(b) Minor judiciary matters.--Except as provided in section

832(d), the Commerce Court shall have no original jurisdiction

over any matter within the jurisdiction of the minor judiciary.

§ 836. Waiver of objection to jurisdiction.

Notwithstanding any other provision of this title, the

failure of a party to file an objection to the jurisdiction of

the Commerce Court, the Commonwealth Court or a court of common

pleas within such time after the commencement of the matter in

court as may be specified by general rule or rule of court

shall, unless the court in which the matter is filed otherwise

orders, vest jurisdiction in the court.

§ 837. Limitation on issue preclusion and admissibility of

prior judgment.

Except as provided in section 785 (relating to certification

of questions of law) or in connection with an appeal of an order

or decision of the Commerce Court, a judgment of or finding of

fact or law by the Commerce Court shall not be binding or

admissible or have any precedential value or other force or

effect in any action in any other court by reason of the

doctrine of issue preclusion, res judicata or collateral

estoppel or for any other reason, with respect to a matter or

claim under section 835(a) (relating to restrictions on

jurisdiction).

SUBCHAPTER D

20150SB1043PN1355 - 31 -

TRANSITIONAL PROVISIONS

Sec.

841. Organization of court.

842. Existing cases unaffected.

843. Rules.

844. Procurement of juries.

845. Filing fees.

846. Expiration review.

§ 841. Organization of court.

(a) General rule.--The Commerce Court shall meet and

organize in the City of Harrisburg. The court shall procure the

necessary supplies, equipment and personnel to commence

operation and promulgate any necessary rules of court or

operating procedures. When the court is organized and

operational, the president judge of the court shall so certify

to the Governor. The Governor shall issue a proclamation stating

that the court is organized and operational.

(b) Initial term of office.--The Governor shall appoint

judges to the court to organize the court's affairs immediately

upon the effective date of this subchapter. The date of the

proclamation issued under subsection (a) shall be deemed to be

the date on which the vacancies in the offices of the initial

judges of the court filled by the Governor under this subsection

occurred, so that, for purposes of applying the provisions of

section 13 of Article V of the Constitution of Pennsylvania, the

first election of judges of the court shall not be held until

the first municipal election occurring more than 10 months after

the date of the proclamation.

§ 842. Existing cases unaffected.

A change in jurisdiction caused by this subchapter shall not

20150SB1043PN1355 - 32 -

affect the jurisdiction of any court over any pending matter,

except an existing matter may be transferred to the Commerce

Court under section 834 (relating to transfers between Commerce

Court and other courts).

§ 843. Rules.

(a) Commerce Court.--Except as otherwise provided by

Commerce Court rule, the rules applicable in the court of common

pleas of a particular judicial district shall be applicable to

original matters heard in the Commerce Court in that judicial

district.

(b) Appellate division.--Except as otherwise provided by

Commerce Court rule, the Pennsylvania Rules of Appellate

Procedure shall be applicable to matters in the appellate

division of the Commerce Court.

§ 844. Procurement of juries.

Except as otherwise provided by Commerce Court rule, the

procedures for the selection, compensation and maintenance of

juries for service in the Commonwealth Court shall be applicable

to the selection, compensation and maintenance of juries in the

Commerce Court. The Commerce Court may utilize special or other

juries.

§ 845. Filing fees.

Except as otherwise provided by Commerce Court rule, the fee

bill applicable in the Commonwealth Court shall be applicable in

the Commerce Court.

§ 846. Expiration review.

(a) Reports to General Assembly.--Within 120 days after the

expiration of 10 years after the Commerce Court entered its

first final order in any action, proceeding or appeal, the:

(1) Commerce Court shall submit to the General Assembly

20150SB1043PN1355 - 33 -

any recommendations relating to the size, structure or

operations of the court.

(2) Attorney General shall submit a report to the

General Assembly reviewing and commenting upon the operations

of the Commerce Court and making recommendations relating to

the size, structure or operations of the court.

(3) Appropriate committees of the General Assembly shall

request comments from the organized bar and the general

public concerning the size, structure and operations of the

Commerce Court.

(b) Expiration.--Sections 301(4) (relating to unified

judicial system), 581(a) (relating to appellate division of

Commerce Court), 811 (relating to Commerce Court) and 3592

(relating to receipts and other credits) shall expire 12 years

after the entry of the Commerce Court's first final order in any

action, proceeding or appeal. The Supreme Court shall provide

for the allocation and disposition of unfinished judicial

proceedings of the Commerce Court and any money remaining in the

Commerce Court Fund after the final disposition of unfinished

judicial proceedings shall be transferred to the General Fund.

Section 12. Chapter 31 of Title 42 is amended by adding a

subchapter to read:

SUBCHAPTER E

SELECTION AND RETENTION OF

JUDGES OF THE COMMERCE COURT

Sec.

3161. Election of judges of Commerce Court.

3162. Vacancies in office of judge of Commerce Court.

§ 3161. Election of judges of Commerce Court.

(a) General rule.--A judge of the Commerce Court shall be

20150SB1043PN1355 - 34 -

elected for a regular term of office at the municipal election

next preceding the commencement of the judge's respective

regular terms of office by the electors of this Commonwealth.

(b) Special procedures.--A judge of the Commerce Court shall

be elected as provided in the act of June 3, 1937 (P.L.1333,

No.320), known as the Pennsylvania Election Code.

§ 3162. Vacancies in office of judge of Commerce Court.

(a) General rule.--A vacancy in the office of judge of the

Commerce Court shall be filled by appointment by the Governor as

provided under this section.

(b) Nomination to Senate.--The Governor shall nominate one

person for each vacancy.

substitute nomination within 30 days after receiving

notification from the Senate of the rejection of a nominee.

Section 13. Title 42 is amended by adding a section to read:

§ 3582. Salaries of judges of Commerce Court.

The salary of a judge of the Commerce Court shall be equal to

a salary of a judge of the Commonwealth Court and the Superior

Court.

Section 14. Chapter 35 of Title 42 is amended by adding a

subchapter to read:

SUBCHAPTER G

COMMERCE COURT FUND

Sec.

3591. Commerce Court Fund.

3592. Receipts and other credits.

3593. Payments and other debits.

§ 3591. Commerce Court Fund.

The Commerce Court Fund is established in the State Treasury

20150SB1043PN1355 - 35 -

as a special operating fund. Debits and credits shall be made to

the Commerce Court Fund as provided under this subchapter. The

operating and capital expenses of the Commerce Court shall be

paid solely from the Commerce Court Fund.

§ 3592. Receipts and other credits.

(a) General rule.--The following shall be paid or credited

to the Commerce Court Fund:

(1) Amounts appropriated to the Commerce Court in the

manner provided by law.

(2) The following surcharges, which are imposed:

(i) A surcharge on each fee of the Corporation

Bureau of the Department of State imposed under 15

Pa.C.S. Ch. 1 Subch. C (relating to Corporation Bureau

and UCC fees), in the amount of 25% of each fee. The

surcharge under this subparagraph may not be:

(A) Imposed on the fee imposed under 15 Pa.C.S.

§ 153(a)(9)(i) (relating to fee schedule).

(B) Credited to the Corporation Bureau

Restricted Account.

(ii) A surcharge on each licensing, examination and

other fee of the Department of Banking that is in excess

of $25, in the amount of 10% of each fee. The surcharge

may under this subparagraph not be credited to the

Banking Department Fund.

(iii) A surcharge on each licensing, examination and

other fee of the Insurance Department that is in excess

of $25, in the amount of 10% of each fee.

(iv) A surcharge on each licensing, examination and

other fee of the Pennsylvania Securities Commission that

is in excess of $25, in the amount of 10% of each fee.

20150SB1043PN1355 - 36 -

(3) Amounts received by the Commonwealth on account of

the operation of the Commerce Court. Fees and charges of the

Commerce Court shall be fixed by the governing authority of

the Commerce Court.

(b) Billing surcharges.--If a fee that is subject to a

surcharge under subsection (a) is billed or collected, the

surcharge may not be separately itemized.

§ 3593. Payments and other debits.

Amounts payable by the Commonwealth on account of the

operation of the Commerce Court shall be disbursed from or

debited to the Commerce Court Fund.

Section 15. Sections 5105(b), 5322(e) and 5571(a) of Title

42 are amended to read:

§ 5105. Right to appellate review.

* * *

(b) Successive appeals.--

(1) Except as otherwise provided in this subsection, the

rights conferred by subsection (a) are cumulative, so that a

litigant may as a matter of right cause a final order of any

tribunal in any matter which itself constitutes an appeal to

such tribunal, to be further reviewed by the court having

jurisdiction of appeals from such tribunal. Except as

provided in section 723 (relating to appeals from the

Commonwealth Court) there shall be no right of appeal from

the Superior Court or the Commonwealth Court to the Supreme

Court under this section or otherwise.

(2) A right of appeal shall exist in each case from the

Commerce Court to the Commerce Court's appellate division,

which shall constitute a separate court for the purposes of

section 9 of Article V of the Constitution of Pennsylvania.

20150SB1043PN1355 - 37 -

Except as provided under section 724(b) (relating to

allowance of appeals from intermediate appellate courts), no

right of appeal shall exist from the Commerce Court or the

appellate division of the Commerce Court to the Supreme Court

under this section or any other provision of law.

* * *

§ 5322. Bases of personal jurisdiction over persons outside

this Commonwealth.

* * *

(e) Inconvenient forum.--When a tribunal finds that in the

interest of substantial justice the matter should be heard in

another forum, the tribunal may stay or dismiss the matter in

whole or in part on any conditions that may be just except if

the action arises out of a contract, agreement or undertaking to

which 12 Pa.C.S. § 202 (relating to choice of forum) applies.

§ 5571. Appeals generally.

(a) General rule.--The time for filing an appeal, a petition

for allowance of appeal, a petition for permission to appeal or

a petition for review of a quasi-judicial order, in the Supreme

Court, the Superior Court [or], the Commonwealth Court, the

Commerce Court or the appellate division of the Commerce Court

shall be governed by general rules. No other provision of this

subchapter shall be applicable to matters subject to this

subsection.

* * *

Section 16. Section 7302(d)(1) is amended by adding a

subparagraph and the subsection is amended by adding a paragraph

to read:

§ 7302. Scope of subchapter.

* * *

20150SB1043PN1355 - 38 -

(d) Special application.--

(1) Paragraph (2) shall be applicable where:

* * *

(iv) An individual or sole proprietor has agreed to

arbitrate a controversy and the controversy is within the

scope of section 832(a)(3), (9) or (11) (relating to

original jurisdiction), or any matter ancillary to the

controversy, and review of the arbitration proceeding is

had in the courts of common pleas or in the courts of

another jurisdiction in circumstances where the laws of

this Commonwealth apply.

* * *

(3) If an individual or sole proprietor has agreed to

arbitrate a controversy and the controversy is within the

scope of section 832(a)(2), (3), (4), (5), (6), (7), (8),

(9), (10) and (11) and review of the arbitration proceeding

is had in the Commerce Court, the court shall modify or

correct the award if the award is:

(i) contrary to law;

(ii) not in conformity with the substantial

evidence; or

(iii) is such that had it been a verdict of a jury,

the court would have entered a different judgment, a

directed verdict or judgment notwithstanding the verdict.

Section 17. Title 42 is amended by adding a section to read:

§ 7363. Commerce Court arbitration.

(a) General rule.--The Commerce Court may, by rule or order,

determine that a matter or issue must first be submitted to and

heard by a board of at least one arbitrator. An arbitrator under

this subsection shall be qualified and selected as provided

20150SB1043PN1355 - 39 -

under rule or order.

(b) Limitation.--A matter may not be referred under

subsection (a) if the amount in controversy, notwithstanding

interest and costs, exceeds $150,000 or a higher amount as

determined by Commerce Court rule.

shall have the power and shall proceed in the manner as

determined by Commerce Court rule or order.

(d) Appeals.--A party shall have the right to appeal to the

Commerce Court in the manner determined by Commerce Court rule

or order on the record made before the arbitrator, except that

if a substantial issue of credibility of testimony exists, a

party shall have the right to trial de novo of the issue in the

court. In the absence of appeal, the judgment entered on the

award of an arbitrator shall be enforced as any other judgment

of the Commerce Court. For the purposes of this section and

section 5571 (relating to appeals generally), an award of

arbitrators shall constitute an order of a tribunal.

Section 18. Except as provided under 42 Pa.C.S. § 834, the

jurisdiction of the Commerce Court and of the appellate division

of the Commerce Court shall apply to cases commenced after

publication in the Pennsylvania Bulletin of the proclamation

issued under 42 Pa.C.S. § 841.

Section 19. This act shall take effect in 90 days.

20150SB1043PN1355 - 40 -