PRINTER'S NO. 2417
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2086
Session of
2021
INTRODUCED BY KERWIN, BERNSTINE, BROOKS, CAUSER, SCHLEGEL
CULVER, GILLEN, HENNESSEY, HILL-EVANS, KNOWLES, LAWRENCE,
MERCURI, MILLARD, ROWE, RYAN AND SMITH, NOVEMBER 16, 2021
REFERRED TO COMMITTEE ON VETERANS AFFAIRS AND EMERGENCY
PREPAREDNESS, NOVEMBER 16, 2021
AN ACT
Amending Title 51 (Military Affairs) of the Pennsylvania
Consolidated Statutes, in Department of Military Affairs,
further providing for operation of State-owned vehicles.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 709 of Title 51 of the Pennsylvania
Consolidated Statutes is amended to read:
ยง 709. Operation of State-owned vehicles.
(a) Authority.--
(1) The department shall have the authority to order
members of the Pennsylvania National Guard to operate State-
owned vehicles for the purpose of providing security to
military facilities and other facilities within this
Commonwealth.
(2) Members of the Pennsylvania National Guard may
operate State-owned vehicles in response to an emergency when
ordered to do so by the Governor or the President of the
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United States.
(b) Liability.--For purposes of this section and
notwithstanding any other provision of law, members of the
Pennsylvania National Guard shall be considered employees of the
Commonwealth for tort liability and immunity purposes. A member
of the Pennsylvania National Guard shall not be liable for an
act or omission in good faith on the part of the member of the
Pennsylvania National Guard when operating or maintaining a
State-owned vehicle under this section. Good faith under this
subsection shall not include willful misconduct, gross
negligence or recklessness.
(c) Rules and guidelines.--The department, in consultation
with the Department of General Services, shall establish rules
and guidelines for the implementation of this section.
Section 2. This act shall take effect in 60 days.
20210HB2086PN2417 - 2 -
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