PRINTER'S NO. 4115
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2681
Session of
2020
INTRODUCED BY GLEIM, KEEFER, RYAN, JONES, MILLARD, DUNBAR,
BERNSTINE, METCALFE, KAUFFMAN AND KAIL, JULY 8, 2020
REFERRED TO COMMITTEE ON JUDICIARY, JULY 8, 2020
AN ACT
Amending Title 42 (Judiciary and Judicial Procedure) of the
Pennsylvania Consolidated Statutes, in particular rights and
immunities, providing for protected operations.
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:
§ 8340.4. Protected operations.
(a) General rule.--Except as provided subsection (b), a
person is immune from civil and criminal liability and from
imposition of an administrative sanction, including any
liability or sanction imposed by a professional or occupational
licensing board or commission, for engaging in a protected
operation.
(b) Exception.--Subsection (a) does not apply to a liability
arising from, or an imposition based upon, the person causing
actual harm.
(c) Definitions.--As used in this section, the following
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
words and phrases shall have the meanings given to them in this
subsection unless the context clearly indicates otherwise:
"Actual harm." A documented injury or illness that is
directly and proximately caused by the interaction with the
person.
"Protected operation." Any of the following during a
declared disaster emergency made under 35 Pa.C.S. § 7301(c)
(relating to general authority of Governor) or after an order is
issued under the act of April 23, 1956 (1955 P.L.1510, No.500),
known as the Disease Prevention and Control Law of 19 55, or the
act of April 9, 1929 (P.L.177, No.175), known as The
Administrative Code of 1929:
(1) Conducting a business transaction.
(2) Engaging in the duties and responsibilities
attendant to the person's operation, trade, profession,
occupation or office.
(3) Keeping a physical business location, office,
building or property open to the public.
Section 2. This act shall apply retroactively to March 6,
2020.
Section 3. This act shall take effect immediately.
20200HB2681PN4115 - 2 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21