POST SESSION REPORT (March 9, 2004)
   

PASSED THE SENATE

 

 

SB 9, PN1386 The legislation is a joint resolution proposing an amendment to the Pennsylvania Constitution.  The proposed amendment makes technical changes to Article III, section 18.  The section being amended provides that statutes of limitations for the commencement of suits against corporations for injuries to persons or property by the corporations must be consistent with the statutes of limitations for such suits against natural persons.

A0523(Greenleaf): This amendment is a joint resolution proposing an amendment to the Pennsylvania Constitution.  The amendment provides for caps on non-economic damages in medical malpractice lawsuits only.  The proposal calls for a cap of $350,000 on non-economic damages against physicians and a cap of $1.25 million on non-economic damages against institutions (hospitals, nursing homes, etc.) in malpractice cases.  The amendment also provides for exemptions from any caps on non-economic damages in malpractice settlements in cases involving death or serious catastrophic injuries caused intentionally or by gross negligence.  A 24-26 vote was recorded.     

A0348(Corman): This amendment is a joint resolution proposing an amendment to the Pennsylvania Constitution.  The amendment would allow the General Assembly to limit by statute the recovery of non-economic damages for injuries to people or property and for injuries resulting in death.  A 23-27 vote was recorded.

A0524(Rhoades): This amendment is a joint resolution proposing an amendment to the Pennsylvania Constitution.  The amendment would allow the General Assembly to limit by statute the recovery of non-economic damages in medical malpractice lawsuits only.  A 28-22 vote was recorded.        

The following amendment was offered as an amendment to A0524:

A0527(Costa): The amendment exempts certain types of malpractice claims from caps that may be imposed under A0524.  The following types of claims that would be exempted from caps:  cases involving reckless and wanton misconduct; failure to diagnosis a condition properly; and cases arising from serious impairment of bodily functions, serious disfigurement and those that result in death.  A 21-29 vote was recorded. 

The following amendment was offered to SB 9 after a ruling by the Chair determined the

amendment to be germane to the bill.  There was a motion by Senator Brightbill to appeal that ruling. The motion passed by a 29-21 party-line vote and the ruling of the chair was overturned thereby ending all debate and consideration of A0389.
 

A0389(Logan): This amendment is a joint resolution proposing integrated amendments to the Pennsylvania Constitution.  The amendment would prohibit municipalities from levying property taxes on homesteads and farmsteads. 

 

The following amendment was offered to SB 9, however a ruling by the Chair determined the

amendment to be out of order.  There was a motion by Senator Boscola to appeal that ruling. The motion failed by a 21-29 party-line vote and the ruling of the Chair was sustained and the amendment could not be considered.

 

A0442(Boscola): This amendment would place a referendum on the ballot asking voters if they support eliminating property taxes at the school district level.  

HB 1423, PN3233  The legislation amends the Adoption Act to revise or establish various time limitations to facilitate the adoption process.  The bill limits the period for revocation of a parent’s consent to an adoption and also reduces the time a child must be in the home of a prospective adoptive parent prior to a birth parent filing a voluntary relinquishment petition.

A0403(Mellow): This is a technical amendment that replaces the word “until” with “within” to further clarify language within a section of the bill.  A 50-0 vote was recorded.

 

   
 
 

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