S0146R0939A02034 AJB:CMD 06/23/21 #90 A02034
AMENDMENTS TO SENATE RESOLUTION NO. 146
Sponsor: SENATOR AUMENT
Printer's No. 939
Amend Resolution, page 1, line 3, by striking out "§ 8528"
and inserting
§§ 8528 and 8553
Amend Resolution, page 1, lines 16 and 17, by striking out
"under the eight aforementioned areas of liability"
Amend Resolution, page 2, by inserting between lines 21 and
22
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
Amend Resolution, page 3, lines 19 through 27, by striking
out all of said lines and inserting
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.
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(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
Amend Resolution, page 3, line 29, by striking out "June" and
inserting
April
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See A02034 in
the context
of SR0146