PRINTER'S NO. 697
No. 654 Session of 1989
INTRODUCED BY SALVATORE, MARCH 7, 1989
REFERRED TO STATE GOVERNMENT, MARCH 7, 1989
AN ACT 1 Amending the act of September 28, 1978 (P.L.788, No.152), 2 entitled "An act amending Titles 1 (General Provisions) and 3 42 (Judiciary and Judicial Procedure) of the Pennsylvania 4 Consolidated Statutes, responding to and prescribing 5 limitations on decisional law, reaffirming sovereign immunity 6 as provided in section 11 of Article I of the Constitution of 7 Pennsylvania, preserving sovereign immunity as a bar to 8 claims brought against Commonwealth agencies and their 9 officials and employees; specifically waiving sovereign 10 immunity as provided by the Constitution in certain limited 11 cases; granting jurisdiction to certain courts over claims 12 brought against Commonwealth agencies; providing for 13 limitations upon and the procedures relating to said claims; 14 authorizing rules and regulations; suspending certain 15 judicial proceedings until July 1, 1979, shortening the 16 statutes of limitations in certain cases; and repealing 17 certain laws," changing the effective date for certain 18 occurrences; and extending a statute of limitations. 19 The General Assembly of the Commonwealth of Pennsylvania 20 hereby enacts as follows: 21 Section 1. Section 5(d) of the act of September 28, 1978 22 (P.L.788, No.152), entitled "An act amending Titles 1 (General 23 Provisions) and 42 (Judiciary and Judicial Procedure) of the 24 Pennsylvania Consolidated Statutes, responding to and 25 prescribing limitations on decisional law, reaffirming sovereign
1 immunity as provided in section 11 of Article I of the 2 Constitution of Pennsylvania, preserving sovereign immunity as a 3 bar to claims brought against Commonwealth agencies and their 4 officials and employees; specifically waiving sovereign immunity 5 as provided by the Constitution in certain limited cases; 6 granting jurisdiction to certain courts over claims brought 7 against Commonwealth agencies; providing for limitations upon 8 and the procedures relating to said claims; authorizing rules 9 and regulations; suspending certain judicial proceedings until 10 July 1, 1979, shortening the statutes of limitations in certain 11 cases; and repealing certain laws," is repealed insofar as it is 12 inconsistent with this act. 13 Section 2. The act is amended by adding a section to read: 14 Section 5.1. Applicability. 15 The provisions of this act shall apply to any occurrence, 16 accident or incident which took place after January 1, 1968, 17 where: 18 (1) the aggrieved party suffered serious, permanent and 19 disabling injuries as a result of the negligence of the 20 Commonwealth; 21 (2) a negligence suit was originally timely filed; 22 (3) the suit was barred from a proper remedy due to the 23 so-called "sovereign immunity" doctrine; and 24 (4) the suit was again filed within two years of the 25 decision in Mayle v. Pennsylvania Department of Highways, 479 26 Pa. 384 (1978). 27 Section 3. Section 6 of the act is amended to read: 28 Section 6. Effective date. 29 This act shall take effect immediately and shall apply 30 retroactively to January 1, 1968, as provided for in section 19890S0654B0697 - 2 -
1 5.1.
2 Section 4. The time limitations as set forth in 42 Pa.C.S. §
3 5522(a) (relating to six months limitation) shall be extended by
4 an additional six months only for the purposes of this act.
5 Section 5. This act shall take effect immediately.
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