Regular Session 2021-2022 Senate Resolution 0146 P.N. 0956

PRIOR PRINTER'S NO. 939

PRINTER'S NO. 956

THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE RESOLUTION

No.

146

Session of

2021

INTRODUCED BY AUMENT AND MENSCH, JUNE 22, 2021

SENATOR BAKER, JUDICIARY, AS AMENDED, JUNE 24, 2021

A RESOLUTION

Directing the Legislative Budget and Finance Committee to

conduct a study of the current limitations on liability under

42 Pa.C.S. § 8528 §§ 8528 AND 8553 and issue a report of its

findings and recommendations to the Senate.

WHEREAS, In May 1978, the Joint State Government Commission

issued a report of the recommendations of the Task Force on

Sovereign Immunity in light of the Pennsylvania Supreme Court's

holding in Brown v. Commonwealth, 453 Pa. 566 (1973), suggesting

that the General Assembly provide for waiver of sovereign

immunity; and

WHEREAS, The Task Force on Sovereign Immunity, upon

completing its review, reaffirmed and resolved to retain the

Commonwealth's sovereign immunity and to allow for specific

limited waivers; and

WHEREAS, The Task Force on Sovereign Immunity recommended

that the maximum recovery for any plaintiff under the eight

aforementioned areas of liability be limited to $250,000 and

that the maximum liability exposure for the Commonwealth be

limited to $1 million per event or occurrence and recommended

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that recovery be limited to specific types of damages; and

WHEREAS, The Task Force on Sovereign Immunity found both

constitutional authority and strong public policy in favor of

the proposed limitations on liability; and

WHEREAS, Among other things, the Task Force on Sovereign

Immunity stated that "in the case of a suit against an

individual or a corporation, recovery in most instances is

effectively limited by the insurance coverage of the defendant;

where the ultimate recovery exceeds insurance coverage, a

further practical limitation exists to the extent of any

defendant's resources. In the case of a sovereign with public

taxing powers, the absence of a statutory limitation on recovery

would make the liability exposure in each individual case

theoretically unlimited"; and

WHEREAS, On April 19, 1978, the Task Force on Sovereign

Immunity's recommendations were introduced in the House of

Representatives as House Bill No. 2437, Printer's No. 3135; and

WHEREAS, In 1978, the General Assembly enacted Act 330 of

1978 waiving the Commonwealth's sovereign immunity in certain

limited circumstances and limiting its liability under 42

Pa.C.S. §§ 8522 and 8528; and

WHEREAS, IN 1980, THE GENERAL ASSEMBLY ENACTED ACT 142 OF

1980, WHICH PLACED SIMILAR LIMITATIONS ON TORT LIABILITY FOR

LOCAL GOVERNMENT ENTITIES BY LIMITING THE LIABILITY TO $500,000

PER EVENT OR OCCURRENCE AND LIMITING RECOVERY TO SPECIFIC TYPES

OF DAMAGES UNDER 42 PA.C.S. §§ 8542 AND 8553; AND

WHEREAS, These limits have not been altered since 1978 and in

a series of cases, including Zauflik v. Pennsbury Sch. Dist.,

104 A.3d 1096, 1100 (2014) and Grove v. Port Auth. of Allegheny

County, 218 A.3d 877 (Pa. 2019), the Pennsylvania Supreme Court

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questioned whether the current statutory limitations on

liability infringe on the constitutional right to a jury trial

guaranteed by section 6 of Article I of the Constitution of

Pennsylvania; and

WHEREAS, The Pennsylvania Supreme Court has also affirmed the

greater capacity of the Legislature to evaluate complex

questions of public policy to establish limits on the liability

of local governments and the Commonwealth in negligence cases;

and

WHEREAS, Section 11 of Article I of the Constitution of

Pennsylvania vests the Legislature with the sole authority to

waive the Commonwealth's sovereign immunity and with that the

sole authority to determine the scope of any waiver; and

WHEREAS, The Senate believes that it is important, having

agreed to waive the Commonwealth's liability in certain limited

circumstances, to revisit and reexamine whether it is in the

interests of this Commonwealth's residents for the limitations

on liability originally enacted, and as amended, to remain in

place or be again altered, taking into account the interests of

litigants, the public and the impact that any change may have

upon the Commonwealth's budget and the services, benefits and

programs the Commonwealth offers and provides to its residents;

therefore be it

RESOLVED, That the Senate direct the Legislative Budget and

Finance Committee to conduct a study of the current limitations

on liability under 42 Pa.C.S. § 8528 and issue a report of its

findings and recommendations to the Senate; and be it further

RESOLVED, That the Legislative Budget and Finance Committee's

study and report take into account the interests of litigants,

the public and the impact any changes may have upon the

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Commonwealth's budget and the services, benefits and programs it

offers and provides to its residents; and be it further

RESOLVED, THAT THE SENATE DIRECT THE LEGISLATIVE BUDGET AND

FINANCE COMMITTEE TO CONDUCT A STUDY AND PREPARE A REPORT

CONCERNING THE LIMITATIONS ON LIABILITY UNDER 42 PA.C.S. §§ 8528

AND 8553; AND BE IT FURTHER

RESOLVED, THAT THE STUDY INCLUDE ALL OF THE FOLLOWING:

(1) AN EXAMINATION OF THE IMPACT ON LITIGANTS, INCLUDING

INFLATION AND OTHER FACTORS AFFECTING THE APPROPRIATENESS OF

THE CURRENT LIMITATIONS ON LIABILITY.

(2) AN EXAMINATION OF THE IMPACT OF CHANGING THE

LIMITATIONS ON LIABILITY ON STATE AND LOCAL GOVERNMENT

ENTITIES, INCLUDING THE ABILITY OF STATE AND LOCAL GOVERNMENT

ENTITIES TO RAISE REVENUES AND PROVIDE SERVICES, BENEFITS AND

PROGRAMS.

(3) A REVIEW OF THE FACTORS CONTAINED IN THE JOINT STATE

GOVERNMENT COMMISSION'S 1978 REPORT ON THE RECOMMENDATIONS OF

THE TASK FORCE ON SOVEREIGN IMMUNITY AS THEY RELATE

SPECIFICALLY TO CAPS ON RECOVERY AND WAIVERS OF SOVEREIGN AND

GOVERNMENTAL IMMUNITY.

(4) A CONSIDERATION OF ANY OTHER FACTORS THAT WILL ALLOW

THE GENERAL ASSEMBLY TO EVALUATE AND DETERMINE WHETHER THE

LIMITATIONS ON LIABILITY SHOULD BE INCREASED;

AND BE IT FURTHER

RESOLVED, That the Legislative Budget and Finance Committee

report its findings to the General Assembly no later than June

APRIL 30, 2022.

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