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                              PRIOR PASSAGE - NONE
                                                      PRINTER'S NO. 1805

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 1455 Session of 2003


        INTRODUCED BY TURZAI, MAY 13, 2003

        REFERRED TO COMMITTEE ON RULES, MAY 13, 2003

                               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
     2  shall 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]. In all other cases, the General Assembly
     5  shall not limit the recovery of economic damages for injuries
     6  resulting in death, or for injuries to persons or property and
     7  may by statute limit the recovery of noneconomic damages for
     8  injuries resulting in death, or for injuries to persons or
     9  property. In case of death from such injuries, the right of
    10  action shall survive, and the General Assembly shall prescribe
    11  for whose benefit such actions shall be prosecuted. No act shall
    12  prescribe any limitations of time within which suits may be
    13  brought against corporations for injuries to persons or
    14  property, or for other causes different from those fixed by
    15  general laws regulating actions against natural persons, and
    16  such acts now existing are avoided.
    17     Section 2.  (a)  Upon the first passage by the General
    18  Assembly of this proposed constitutional amendment, the
    19  Secretary of the Commonwealth shall proceed immediately to
    20  comply with the advertising requirements of section 1 of Article
    21  XI of the Constitution of Pennsylvania and shall transmit the
    22  required advertisements to two newspapers in every county in
    23  which such newspapers are published in sufficient time after
    24  passage of this proposed constitutional amendment.
    25     (b)  Upon the second passage by the General Assembly of this
    26  proposed constitutional amendment, the Secretary of the
    27  Commonwealth shall proceed immediately to comply with the
    28  advertising requirements of section 1 of Article XI of the
    29  Constitution of Pennsylvania and shall transmit the required
    30  advertisements to two newspapers in every county in which such
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     1  newspapers are published in sufficient time after passage of
     2  this proposed constitutional amendment. The Secretary of the
     3  Commonwealth shall submit this proposed constitutional amendment
     4  to the qualified electors of this Commonwealth at the first
     5  primary, general or municipal election which meets the
     6  requirements of and is in conformance with section 1 of Article
     7  XI of the Constitution of Pennsylvania and which occurs at least
     8  three months after the proposed constitutional amendment is
     9  passed by the General Assembly.














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