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11 cases; and repealing certain laws," is repealed insofar as it is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.
L12L71JLW/19890S0654B0697 - 3 -