PRIOR PRINTER'S NOS. 45, 1877 PRINTER'S NO. 2334
No. 59 Session of 2001
INTRODUCED BY BARD, CIVERA, RUBLEY, YOUNGBLOOD, KENNEY, BARRAR,
BASTIAN, BEBKO-JONES, BELARDI, BENNINGHOFF, BROWNE, CLARK,
DAILEY, DALEY, DeLUCA, FAIRCHILD, GEIST, GRUCELA, HARHAI,
HENNESSEY, HORSEY, LAUGHLIN, LEDERER, LYNCH, MANN, MARSICO,
PISTELLA, READSHAW, ROEBUCK, ROSS, SCHRODER, SCHULER,
B. SMITH, SOLOBAY, STABACK, STERN, E. Z. TAYLOR, THOMAS,
TIGUE, TULLI, WILT, WOGAN, WOJNAROSKI, FREEMAN, SEMMEL,
PETRARCA, CLYMER, EACHUS, McILHINNEY AND FORCIER,
JANUARY 23, 2001
AMENDMENTS TO SENATE AMENDMENTS, HOUSE OF REPRESENTATIVES,
JUNE 20, 2001
AN ACT
1 Amending Title 42 (Judiciary and Judicial Procedure) of the
2 Pennsylvania Consolidated Statutes, ESTABLISHING LIMITATIONS <--
3 ON ASBESTOS-RELATED LIABILITIES RELATING TO CERTAIN MERGERS
4 OR CONSOLIDATIONS; AND providing FOR THE NUMBER OF JUDGES OF <--
5 COURTS OF COMMON PLEAS IN CERTAIN JUDICIAL DISTRICTS AND for
6 civil immunity for antidrug and town-watch volunteers.
7 The General Assembly finds and declares as follows:
8 (1) The willingness of antidrug and town-watch
9 volunteers to offer their services has been increasingly
10 deterred by a perception that they put personal assets at
11 risk in the event of tort actions seeking damages arising
12 from their activities as volunteers.
13 (2) The contributions of antidrug and town-watch
14 programs, activities and services to communities are
15 diminished by the resulting unwillingness of individuals to
16 serve either as volunteers or as officers, directors and
1 trustees of nonprofit public and private organizations.
2 (3) It is in the public interest to strike a balance
3 between the right of a person to seek redress for injury and
4 the right of an individual to freely give time and energy
5 without compensation as a volunteer working to reduce crime
6 and drug use in the community, without fear of personal
7 liability for acts undertaken in good faith, absent willful
8 or wanton conduct on the part of the volunteer.
9 (4) This act is intended to encourage volunteers to
10 contribute their services to reduce the amount of crime and
11 drug use in their communities and at the same time provide a
12 reasonable basis for redress of claims which may arise
13 relating to those services.
14 The General Assembly of the Commonwealth of Pennsylvania
15 hereby enacts as follows:
16 Section 1. Title 42 of the Pennsylvania Consolidated <--
17 Statutes is amended by adding a section to read:
18 SECTION 1. SECTION 911 OF TITLE 42 OF THE PENNSYLVANIA <--
19 CONSOLIDATED STATUTES IS AMENDED BY ADDING A SUBSECTION TO READ:
20 § 911. COURTS OF COMMON PLEAS.
21 * * *
22 (A.1) INTERIM JUDGESHIP.--NOTWITHSTANDING THE PROVISIONS OF
23 SUBSECTION (A), THE COURT OF COMMON PLEAS OF THE FOURTEENTH
24 JUDICIAL DISTRICT SHALL CONSIST OF SIX JUDGES. THIS SUBSECTION
25 SHALL EXPIRE UPON THE HAPPENING OF THE FIRST VACANCY ON THE
26 COURT OF COMMON PLEAS OF THE FOURTEENTH JUDICIAL DISTRICT OR
27 JANUARY 8, 2002, WHICHEVER IS LATER.
28 * * *
29 SECTION 2. TITLE 42 IS AMENDED BY ADDING SECTIONS TO READ:
30 § 7104. LIMITATIONS ON ASBESTOS-RELATED LIABILITIES RELATING TO
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1 CERTAIN MERGERS OR CONSOLIDATIONS.
2 (A) LIMITATION ON SUCCESSOR ASBESTOS-RELATED LIABILITIES.--
3 (1) EXCEPT AS FURTHER LIMITED IN PARAGRAPH (2), THE
4 CUMULATIVE SUCCESSOR ASBESTOS-RELATED LIABILITIES OF A
5 DOMESTIC CORPORATION THAT WAS INCORPORATED IN THIS
6 COMMONWEALTH PRIOR TO MAY 1, 2001, SHALL BE LIMITED TO THE
7 FAIR MARKET VALUE OF THE TOTAL ASSETS OF THE TRANSFEROR
8 DETERMINED AT THE TIME OF THE MERGER OR CONSOLIDATION, AND
9 SUCH CORPORATION SHALL HAVE NO RESPONSIBILITY FOR SUCCESSOR
10 ASBESTOS-RELATED LIABILITIES IN EXCESS OF SUCH LIMITATION.
11 (2) IF THE TRANSFEROR HAD ASSUMED OR INCURRED SUCCESSOR
12 ASBESTOS-RELATED LIABILITIES IN CONNECTION WITH A PRIOR
13 MERGER OR CONSOLIDATION WITH A PRIOR TRANSFEROR, THEN THE
14 FAIR MARKET VALUE OF THE TOTAL ASSETS OF THE PRIOR
15 TRANSFEROR, DETERMINED AT THE TIME OF SUCH EARLIER MERGER OR
16 CONSOLIDATION, SHALL BE SUBSTITUTED FOR THE LIMITATION SET
17 FORTH IN PARAGRAPH (1) FOR PURPOSES OF DETERMINING THE
18 LIMITATION OF LIABILITY OF A DOMESTIC CORPORATION.
19 (B) LIMITATION ON TOTAL ASSETS AVAILABLE TO SATISFY
20 SUCCESSOR ASBESTOS-RELATED LIABILITIES.--
21 (1) EXCEPT AS FURTHER LIMITED IN PARAGRAPH (2), THE
22 ASSETS OF A DOMESTIC CORPORATION THAT WAS INCORPORATED IN
23 THIS COMMONWEALTH PRIOR TO MAY 1, 2001, SHALL BE EXEMPT FROM
24 RESTRAINT, ATTACHMENT OR EXECUTION ON JUDGMENTS RELATED TO
25 CLAIMS FOR SUCCESSOR ASBESTOS-RELATED LIABILITIES TO THE
26 EXTENT THAT THE AGGREGATE OF THE AMOUNTS WHICH, AFTER THE
27 TIME OF THE MERGER OR CONSOLIDATION AS TO WHICH THE FAIR
28 MARKET VALUE OF TOTAL ASSETS IS DETERMINED FOR PURPOSES OF
29 SUBSECTION (A) AND THIS SUBSECTION, ARE PAID OR COMMITTED TO
30 BE PAID BY OR ON BEHALF OF THE CORPORATION, OR BY OR ON
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1 BEHALF OF A TRANSFEROR, IN CONNECTION WITH SETTLEMENTS,
2 JUDGMENTS OR OTHER DISCHARGES OF ASBESTOS CLAIMS, EXCEEDS THE
3 FAIR MARKET VALUE OF THE TOTAL ASSETS OF THE TRANSFEROR,
4 DETERMINED AT THE TIME OF THE MERGER OR CONSOLIDATION.
5 (2) IF THE TRANSFEROR HAD ASSUMED OR INCURRED SUCCESSOR
6 ASBESTOS-RELATED LIABILITIES IN CONNECTION WITH A PRIOR
7 MERGER OR CONSOLIDATION WITH A PRIOR TRANSFEROR, THEN THE
8 FAIR MARKET VALUE OF THE TOTAL ASSETS OF THE PRIOR
9 TRANSFEROR, DETERMINED AT THE TIME OF SUCH EARLIER MERGER OR
10 CONSOLIDATION, SHALL BE SUBSTITUTED FOR THE LIMITATION SET
11 FORTH IN PARAGRAPH (1) FOR PURPOSES OF DETERMINING THE EXTENT
12 OF THE EXEMPTION OF THE ASSETS OF A DOMESTIC CORPORATION.
13 (C) BURDEN OF PROOF WITH RESPECT TO FAIR MARKET VALUE OF
14 TOTAL ASSETS.--
15 (1) A DOMESTIC CORPORATION MAY ESTABLISH THE FAIR MARKET
16 VALUE OF TOTAL ASSETS THROUGH ANY METHOD THAT IS REASONABLE
17 IN THE CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, BY
18 REFERENCE TO THE PURCHASE PRICE PAID FOR SUCH ASSETS IN AN
19 ARM'S LENGTH TRANSACTION AND THE VALUE OF SUCH ASSETS
20 RECORDED ON A BALANCE SHEET. THE FAIR MARKET VALUE OF TOTAL
21 ASSETS NEED NOT BE SHOWN BY THE DOMESTIC CORPORATION BY
22 MATHEMATICAL PRECISION OR CERTAINTY AND MAY BE ESTABLISHED BY
23 A SHOWING THAT A REASONABLE DETERMINATION OF THE FAIR MARKET
24 VALUE OF SUCH ASSETS IS MORE LIKELY THAN NOT LOWER THAN A
25 SPECIFIED VALUE. ANY SUCH SHOWING BY THE DOMESTIC CORPORATION
26 OF A REASONABLE DETERMINATION OF THE FAIR MARKET VALUE OF
27 ASSETS SHALL BE PRIMA FACIE EVIDENCE OF SUCH FAIR MARKET
28 VALUE.
29 (2) ONCE A REASONABLE DETERMINATION OF THE FAIR MARKET
30 VALUE OF TOTAL ASSETS HAS BEEN THUS ESTABLISHED BY A DOMESTIC
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1 CORPORATION, A CLAIMANT DISPUTING THAT DETERMINATION OF VALUE
2 SHALL THEN HAVE THE BURDEN OF ESTABLISHING BY CLEAR AND
3 CONVINCING EVIDENCE A DIFFERENT FAIR MARKET VALUE OF SUCH
4 ASSETS.
5 (D) TRANSFER OF CLAIM TO AVOID POLICY OF COMMONWEALTH.--THE
6 PROVISIONS OF SECTION 8128 (RELATING TO TRANSFER OF CLAIM TO
7 AVOID POLICY OF COMMONWEALTH) SHALL APPLY TO THE LIMITATION ON
8 ASSETS SET FORTH IN SUBSECTION (B).
9 (E) APPLICATION.--
10 (1) THE LIMITATIONS SET FORTH IN SUBSECTIONS (A) AND (B)
11 SHALL APPLY TO MERGERS OR CONSOLIDATIONS EFFECTED UNDER THE
12 LAWS OF THIS COMMONWEALTH OR ANOTHER JURISDICTION CONSUMMATED
13 BEFORE MAY 1, 2001.
14 (2) THIS SECTION SHALL NOT APPLY TO AN INSURANCE
15 CORPORATION AS DEFINED IN 15 PA.C.S. § 3102 (RELATING TO
16 DEFINITIONS).
17 (3) THE LIMITATIONS SET FORTH IN SUBSECTIONS (A) AND (B)
18 SHALL APPLY TO A DOMESTIC CORPORATION, INCORPORATED AFTER THE
19 DATE OF THIS SECTION, THAT ASSUMES OR INCURS LIABILITIES
20 WHICH CONSTITUTE SUCCESSOR ASBESTOS-RELATED LIABILITIES OF
21 ANOTHER DOMESTIC CORPORATION, AND SUCH LIABILITIES SHALL
22 THEREAFTER CONTINUE TO CONSTITUTE SUCCESSOR ASBESTOS-RELATED
23 LIABILITIES.
24 (F) DEFINITIONS.--AS USED IN THIS SECTION, THE FOLLOWING
25 WORDS AND PHRASES SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS
26 SUBSECTION:
27 "ASBESTOS CLAIM." ANY CLAIM, WHEREVER OR WHENEVER MADE, FOR
28 DAMAGES, LOSSES, INDEMNIFICATION, CONTRIBUTION OR OTHER RELIEF,
29 ARISING OUT OF, BASED ON, OR IN ANY WAY RELATED TO ASBESTOS,
30 INCLUDING, BUT NOT LIMITED TO, PROPERTY DAMAGE CAUSED BY THE
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1 INSTALLATION, PRESENCE OR REMOVAL OF ASBESTOS, THE HEALTH
2 EFFECTS OF EXPOSURE TO ASBESTOS, INCLUDING ANY CLAIM FOR
3 PERSONAL INJURY, DEATH, MENTAL OR EMOTIONAL INJURY, RISK OF
4 DISEASE OR OTHER INJURY OR THE COSTS OF MEDICAL MONITORING OR
5 SURVEILLANCE. THE TERM ALSO INCLUDES ANY CLAIM MADE BY OR ON
6 BEHALF OF ANY PERSON EXPOSED TO ASBESTOS OR ANY REPRESENTATIVE,
7 SPOUSE, PARENT, CHILD OR OTHER RELATIVE OF ANY SUCH PERSON.
8 "DOMESTIC CORPORATION." A DOMESTIC CORPORATION AS DEFINED IN
9 15 PA.C.S. § 102 (RELATING TO DEFINITIONS).
10 "SUCCESSOR ASBESTOS-RELATED LIABILITIES." ANY LIABILITIES
11 WHETHER KNOWN OR UNKNOWN, ASSERTED OR UNASSERTED, ABSOLUTE OR
12 CONTINGENT, ACCRUED OR UNACCRUED, LIQUIDATED OR UNLIQUIDATED, OR
13 DUE OR TO BECOME DUE, RELATED IN ANY WAY TO ASBESTOS CLAIMS,
14 THAT WERE ASSUMED OR INCURRED BY A CORPORATION AS A RESULT OF OR
15 IN CONNECTION WITH A MERGER OR CONSOLIDATION, OR THE PLAN OF
16 MERGER OR CONSOLIDATION RELATED THERETO, WITH OR INTO ANOTHER
17 CORPORATION EFFECTED UNDER THE LAWS OF THIS COMMONWEALTH OR
18 ANOTHER JURISDICTION, OR WHICH ARE RELATED IN ANY WAY TO
19 ASBESTOS CLAIMS BASED ON THE EXERCISE OF CONTROL OR THE
20 OWNERSHIP OF STOCK OF SUCH CORPORATION PRIOR TO SUCH MERGER OR
21 CONSOLIDATION. SUCCESSOR ASBESTOS-RELATED LIABILITIES SHALL
22 INCLUDE LIABILITIES WHICH, AFTER THE TIME OF THE MERGER OR
23 CONSOLIDATION AS TO WHICH THE FAIR MARKET VALUE OF TOTAL ASSETS
24 IS DETERMINED FOR PURPOSES OF SUBSECTIONS (A) AND (B), ARE PAID
25 OR OTHERWISE DISCHARGED, OR COMMITTED TO BE PAID OR OTHERWISE
26 DISCHARGED, BY OR ON BEHALF OF THE CORPORATION, OR BY OR ON
27 BEHALF OF A TRANSFEROR, IN CONNECTION WITH SETTLEMENTS,
28 JUDGMENTS OR OTHERWISE.
29 "TRANSFEROR." A CORPORATION FROM WHOM SUCCESSOR ASBESTOS-
30 RELATED LIABILITIES ARE ASSUMED OR INCURRED.
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1 § 8332.6. Antidrug and town-watch volunteer civil immunity.
2 (a) General rule.--An antidrug or town-watch volunteer who
3 acts in good faith and within the scope of the volunteer's role
4 with an antidrug or crime prevention volunteer organization or
5 government agency shall be immune from civil liability for
6 damage caused by acts or omissions unless all of the following
7 apply:
8 (1) The conduct of the volunteer falls substantially
9 below the standards generally practiced and accepted in like
10 circumstances by similar persons rendering such services.
11 (2) It is shown that the volunteer performed an act or
12 failed to perform an act which the volunteer was under a
13 recognized duty to another to perform, knowing or having
14 reason to know that such act or omission created a
15 substantial risk or actual harm to the person or property of
16 another. It is insufficient to impose liability under this
17 paragraph to establish only that the conduct of the volunteer
18 fell below ordinary standards of care.
19 (b) Definitions.--As used in this section, the following
20 words and phrases shall have the meanings given to them in this
21 subsection:
22 "Antidrug or town-watch volunteer." A person performing
23 services for an antidrug or town-watch volunteer organization or
24 government agency without compensation other than reimbursement
25 for actual expenses incurred. The term includes a volunteer
26 serving as a director, officer, trustee or direct service
27 volunteer.
28 "Antidrug or town-watch volunteer organization." A nonprofit
29 organization, corporate volunteer program, medical facility or
30 substance abuse treatment program that uses volunteers to reduce
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1 crime and drug use in the community.
2 "Corporate volunteer program." A program administered by an
3 entity other than a nonprofit organization or government agency
4 that enlists primarily its own employees, retirees, partners or
5 professional affiliates in a volunteer capacity to achieve
6 objectives that would qualify as charitable under section 501(c)
7 of the Internal Revenue Code of 1986 (Public Law 99-514, 26
8 U.S.C. § 501(c)).
9 "Nonprofit organization." An organization which is described
10 in section 501(c) of the Internal Revenue Code of 1986 (Public
11 Law 99-514, 26 U.S.C. § 501(c)), whether or not it has been
12 certified by the Internal Revenue Service.
13 Section 2. This act shall take effect in 60 days. <--
14 SECTION 3. (A) THE PROVISIONS OF 42 PA.C.S. § 3135 SHALL <--
15 NOT BE APPLICABLE TO THE SELECTION OF THE JUDGE FOR THE
16 JUDGESHIP CREATED BY THE ADDITION OF 42 PA.C.S. § 911(A.1).
17 (B) THE NEW JUDGESHIP ADDED BY THE ADDITION OF 42 PA.C.S. §
18 911(A.1) SHALL BE CREATED ON JANUARY 7, 2002, AND SHALL BE
19 INITIALLY FILLED BY ELECTION AT THE 2001 MUNICIPAL ELECTION.
20 (C) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE
21 CONTRARY, THE PERSON OR PERSONS NOMINATED IN THE PRIMARY
22 ELECTION HELD FOR A JUDGESHIP IN THE FOURTEENTH JUDICIAL
23 DISTRICT ON MAY 15, 2001, SHALL BE DEEMED TO HAVE BEEN NOMINATED
24 FOR THE NEW JUDGESHIP ADDED BY THE ADDITION OF 42 PA.C.S. §
25 911(A.1).
26 (D) EXCEPT AS PROVIDED BY SUBSECTION (C), THE PROVISIONS OF
27 THE ACT OF JUNE 3, 1937 (P.L.1333, NO.320), KNOWN AS THE
28 PENNSYLVANIA ELECTION CODE, SHALL APPLY TO THE ELECTION FOR THE
29 NEWLY CREATED JUDGESHIP.
30 SECTION 4. THIS ACT SHALL TAKE EFFECT AS FOLLOWS:
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1 (1) THE AMENDMENT OF 42 PA.C.S. § 911 SHALL TAKE EFFECT
2 IMMEDIATELY.
3 (2) THIS SECTION SHALL TAKE EFFECT IMMEDIATELY.
4 (3) THE REMAINDER OF THIS ACT SHALL TAKE EFFECT IN 60
5 DAYS.
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