PRINTER'S NO. 1020
No. 910 Session of 2001
INTRODUCED BY GEIST, ALLEN, ARGALL, M. BAKER, BASTIAN, BEBKO-
JONES, BELARDI, BUXTON, CALTAGIRONE, CAPPABIANCA, CIVERA,
COLAFELLA, CURRY, DALEY, DeLUCA, FAIRCHILD, FICHTER, FRANKEL,
GODSHALL, HARHAI, HENNESSEY, HERMAN, HERSHEY, HESS, HORSEY,
JAMES, KAISER, KELLER, LAUGHLIN, MAJOR, MANN, MARKOSEK,
MARSICO, McGILL, McILHATTAN, MELIO, R. MILLER, PETRARCA,
PIPPY, RAYMOND, READSHAW, ROHRER, ROSS, RUBLEY, SAYLOR,
SCHULER, SHANER, SOLOBAY, E. Z. TAYLOR, THOMAS, TIGUE, WALKO,
WANSACZ, WATSON, WILT, WOJNAROSKI, YEWCIC, YOUNGBLOOD AND
ZIMMERMAN, MARCH 12, 2001
REFERRED TO COMMITTEE ON JUDICIARY, MARCH 12, 2001
AN ACT
1 Amending Title 42 (Judiciary and Judicial Procedure) of the
2 Pennsylvania Consolidated Statutes, further providing for the
3 volunteer-in-public-service negligence standard.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Section 8332.4(a) and (e) of Title 42 of the
7 Pennsylvania Consolidated Statutes are amended to read:
8 § 8332.4. Volunteer-in-public-service negligence standard.
9 (a) [General rule.--] Services covered.--
10 (1) Except as provided otherwise in this section, no
11 person who, without compensation and as a volunteer, renders
12 public services for a nonprofit organization under section
13 501(c)(3) [or (4)], (4) or (6) of the Internal Revenue Code
14 of 1986 (68A Stat. 3, 26 U.S.C. § 501(c)(3) [or (4)], (4) or
1 (6)) or for a Commonwealth or local government agency
2 conducting or sponsoring a public service program or project
3 shall be liable to any person for any civil damages as a
4 result of any acts or omissions in rendering such services
5 unless the conduct of such person falls substantially below
6 the standards generally practiced and accepted in like
7 circumstances by similar persons rendering such services and
8 unless it is shown that such person did an act or omitted the
9 doing of an act which such person was under a recognized duty
10 to another to do, knowing or having reason to know that such
11 act or omission created a substantial risk of actual harm to
12 the person or property of another. It shall be insufficient
13 to impose liability to establish only that the conduct of
14 such person fell below ordinary standards of care.
15 (2) Except as provided otherwise in this section, no
16 design professional who, without compensation and as a
17 volunteer, provides services related to a declared national,
18 State or local emergency caused by a major earthquake,
19 hurricane, tornado, explosion, collapse or other similar
20 disaster or catastrophic event at the request of or with the
21 approval of a Federal, State or local public official, law
22 enforcement official, public safety official or building
23 inspection official acting in an official capacity shall be
24 liable to any person for any civil damages as a result of any
25 acts or omissions in rendering such services unless the
26 conduct of such design professional falls substantially below
27 the standards generally practiced and accepted in like
28 circumstances by similar persons rendering such services and
29 unless it is shown that such design professional did an act
30 or omitted the doing of an act which such design professional
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1 was under a recognized duty to another to do, knowing or
2 having reason to know that such act or omission created a
3 substantial risk of actual harm to the person or property of
4 another. It shall be insufficient to impose liability to
5 establish only that the conduct of such design professional
6 fell below ordinary standards of care.
7 * * *
8 (e) Definitions.--As used in this section, the following
9 words and phrases shall have the meanings given to them in this
10 subsection:
11 "Compensation." The term shall not include reimbursement for
12 reasonable expenses actually incurred or to be incurred.
13 "Design professional." An individual licensed by the
14 Commonwealth of Pennsylvania as an architect, geologist, land
15 surveyor, landscape architect or professional engineer.
16 "Public service program or project." An organized program,
17 or other public service ordinarily conducted or rendered by
18 volunteers.
19 Section 2. This act shall take effect in 60 days.
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