PRINTER'S NO. 2111
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1864
Session of
2021
INTRODUCED BY BOBACK, HELM AND DRISCOLL, SEPTEMBER 15, 2021
REFERRED TO COMMITTEE ON JUDICIARY, SEPTEMBER 15, 2021
AN ACT
Amending Title 42 (Judiciary and Judicial Procedure) of the
Pennsylvania Consolidated Statutes, in particular rights and
immunities, further providing for volunteer-in-public-service
negligence standard.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 8332.4(b) and (c) of Title 42 of the
Pennsylvania Consolidated Statutes are amended and subsection
(a) is amended by adding a paragraph to read:
ยง 8332.4. Volunteer-in-public-service negligence standard.
(a) Services covered.--
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(3) Except as provided otherwise in this section, no
nonprofit organization under section 501(c)(3), (4) or (6) of
the Internal Revenue Code of 1986 shall be liable for an act
or omission of any person acting as a volunteer for the
nonprofit organization unless the nonprofit organization
would be liable for the act or omission under generally
applicable laws governing the direct or vicarious liability
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of nonprofit organizations and the nonprofit organization
expressly authorized the specific act or omission that
produced the harm.
(b) Exceptions.--
(1) Nothing in this section shall be construed as
affecting or modifying the liability of such person or
nonprofit organization for acts or omissions relating to the
transportation of participants in a public service program or
project or others to or from a public service program or
project.
(2) Nothing in this section shall be construed as
affecting or modifying any existing legal basis for
determining the liability, or any defense thereto, of any
person or nonprofit organization not covered by the standard
of negligence established by this section.
(c) Assumption of risk or contributory fault.--Nothing in
this section shall be construed as affecting or modifying the
doctrine of assumption of risk or contributory fault on the part
of the participant or nonprofit organization.
* * *
Section 2. This act shall take effect in 60 days.
20210HB1864PN2111 - 2 -
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