2020 Pennsylvania Consolidated & Unconsolidated Statutes
Act 111 - JUDICIAL CODE (42 PA.C.S.) - COMMERCE COURT PROGRAM, PROBLEM-SOLVING COURTS AND COMMERCE COURTS

Session of 2020

No. 2020-111

SB 976

AN ACT

Amending Title 42 (Judiciary and Judicial Procedure) of the Pennsylvania Consolidated Statutes, in jurisdiction of appellate courts, providing for commerce court program; and, in organization and jurisdiction of courts of common pleas, further providing for problem-solving courts and providing for commerce courts.

The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows:

Section 1.  Title 42 of the Pennsylvania Consolidated Statutes is amended by adding a section to read:

§ 743.  Commerce court program.

(a)  Appeals.--The Superior Court may establish from available funds a commerce court program that shall have specialized jurisdiction. In a commerce court program established under this section, the specialized jurisdiction of appeals relating to the following matters may be vested in the program:

(1)  The internal affairs, governance, dissolution, liquidation, rights or obligations between or among owners and liability or indemnity of managers of business corporations, partnerships, limited partnerships, limited liability partnerships, professional associations, business trusts, joint ventures or other business enterprises, including any actions involving the interpretation of the rights or obligations under the organic law, articles of incorporation, bylaws or agreements governing these enterprises.

(2)  Disputes between or among two or more business enterprises relating to a transaction, business relationship or contract.

(b)  Rules.--The court may adopt rules for the administration of the program established under this section. The rules may not be inconsistent with this section or any rule established by the Supreme Court.

(c)  Jurisdiction.--Nothing under this section shall be construed to affect the jurisdiction of an appellate court as provided by law other than this section.

Section 2.  Section 916(a) of Title 42 is amended and the section is amended by adding subsections to read:

§ 916.  Problem-solving courts.

(a)  Establishment.--The court of common pleas of a judicial district and the Municipal Court of Philadelphia may establish, from available funds, one or more problem-solving courts which have specialized jurisdiction, including, but not limited to, veterans courts, drug courts, mental health courts and driving under the influence courts, whereby defendants are admitted to a court-supervised individualized treatment program. The court may adopt local rules for the administration of problem-solving courts and their related treatment services. The local rules may not be inconsistent with this section or any rules established by the Supreme Court.

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(d)  Veterans courts.--

(1)  If a court of common pleas of a judicial district or the Municipal Court of Philadelphia has established a veterans court under subsection (a), the court may provide for participation by defendants from another county or counties.

(2)  A court of common pleas of a judicial district or the Municipal Court of Philadelphia may join with the court in another county or counties to establish a multicounty veterans court.

(e)  Veterans track.--If a court of common pleas of a judicial district or the Municipal Court of Philadelphia established a problem-solving court under subsection (a), except for a veterans court, the court may establish a veterans track within the problem-solving court. As used in this subsection, the term "veterans track" means a program that utilizes some components of a veterans court, including, but not limited to, treatment resources and veteran mentors and does not have the population and judicial resources to sustain a full veterans court.

(f)  Local rules.--A court of common pleas of a judicial district or the Municipal Court of Philadelphia that established a veterans court, multicounty veterans court or veterans track under this section may adopt local rules for the administration of the courts and their related treatment services. The local rules may not be inconsistent with this section or any rules established by the Supreme Court.

Section 3.  Title 42 is amended by adding a section to read:

§ 916.1.  Commerce courts.

(a)  Establishment.--The court of common pleas of a judicial district may establish from available funds a commerce court that shall have specialized jurisdiction. In a court of common pleas that has established a commerce court under this section, the exclusive jurisdiction of cases relating to the following matters may be vested in the commerce court:

(1)  The internal affairs, governance, dissolution, liquidation, rights or obligations between or among owners and liability or indemnity of managers of business corporations, partnerships, limited partnerships, limited liability partnerships, professional associations, business trusts, joint ventures or other business enterprises, including any actions involving the interpretation of the rights or obligations under the organic law, articles of incorporation, bylaws or agreements governing these enterprises.

(2)  Disputes between or among two or more business enterprises relating to a transaction, business relationship or contract.

(b)  Rules.--The court may adopt local rules for the administration of commerce courts established under this section. The local rules may not be inconsistent with this section or any rule established by the Supreme Court.

(c)  Statewide commerce courts coordinator.--To the extent that funds are available, the Supreme Court may appoint a Statewide commerce courts coordinator. The coordinator may:

(1)  Encourage and assist in the establishment of commerce courts in each judicial district.

(2)  Develop model guidelines for the administration of commerce courts and their related services.

(3)  Establish procedures for monitoring commerce courts and for evaluating the effectiveness of commerce courts.

(d)  Advisory committee.--The Supreme Court may establish, from available funds, an interdisciplinary and interbranch advisory committee to advise and assist the Statewide commerce courts coordinator in monitoring and administrating commerce courts Statewide.

Section 4.  This act shall take effect in 60 days.

APPROVED--The 3rd day of November, A.D. 2020.

TOM WOLF