PRINTER'S NO. 577
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
615
Session of
2021
INTRODUCED BY SIMS, KINSEY, GUENST, SANCHEZ AND GALLOWAY,
FEBRUARY 24, 2021
REFERRED TO COMMITTEE ON JUDICIARY, FEBRUARY 24, 2021
AN ACT
Amending Title 42 (Judiciary and Judicial Procedure) of the
Pennsylvania Consolidated Statutes, in matters affecting
government units, providing for declaration of policy and
further providing for limitations on damages.
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:
§ 8503. Declaration of policy.
The General Assembly finds and declares as follows:
(1) Under section 8541 (relating to governmental
immunity generally), an exception to immunity of a political
subdivision is a matter of legislative grace.
(2) Prioritizing recovery for property damage to owner-
occupied real property is the best use for limited
governmental resources to satisfy liability for property
damage.
Section 2. Section 8553(c)(6) of Title 42 is amended to
read:
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§ 8553. Limitations on damages.
* * *
(c) Types of losses recognized.--Damages shall be
recoverable only for:
* * *
(6) Property losses. Damages under this paragraph for a
single act shall be recovered as follows:
(i) First, by all individuals who:
(A) suffer damage to owner-occupied real
property; and
(B) meet the time requirements of sections
5522(a) (relating to six months limitation) and
5524(4) (relating to two year limitation).
(ii) Then, by all other persons.
* * *
Section 3. This act shall apply to causes of action which
arise on or after the effective date of this section.
Section 4. This act shall take effect in 60 days.
20210HB0615PN0577 - 2 -
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