H1459B2816A06034 NAD:EJH 06/05/20 #90 A06034
AMENDMENTS TO HOUSE BILL NO. 1459
Sponsor: SENATOR REGAN
Printer's No. 2816
Amend Bill, page 1, line 2, by inserting after "Statutes,"
in general provisions relating to emergency management
services, further providing for definitions;
Amend Bill, page 1, line 6, by inserting after "Health;"
in miscellaneous provisions, further providing for immunity
from civil liability;
Amend Bill, page 1, lines 14 and 15, by striking out all of
said lines and inserting
Section 1. The definition of "person" in section 7102 of
Title 35 of the Pennsylvania Consolidated Statutes is amended to
read:
§ 7102. Definitions.
The following words and phrases when used in this part shall
have, unless the context clearly indicates otherwise, the
meanings given to them in this section:
* * *
"Person." An individual, corporation, [firm,] association,
partnership, limited liability company, business trust,
government entity, including the Commonwealth, foundation,
public utility, trust[,] or estate[, public or private
institution, group, the Commonwealth or a local agency or
political subdivision and any legal successor, representative or
agency of the foregoing].
* * *
Section 2. Title 35 is amended by adding a chapter to read:
Amend Bill, page 11, line 18, by striking out all of said
line and inserting
Section 3. Sections 7704(a) and 8153(d) of Title 35 are
amended to read:
§ 7704. Immunity from civil liability.
(a) General rule.--Neither the Commonwealth, nor any
Commonwealth agency, nor any political subdivision [thereof nor
other agencies], nor, except in cases of willful misconduct,
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gross negligence, recklessness or bad faith, the agents,
employees, volunteers or representatives of any of them engaged
in any emergency services activities, nor, except in cases of
willful misconduct [or], gross negligence, recklessness or bad
faith, any individual or other person under contract with them
to provide equipment or work on a cost basis to be used in
disaster relief, nor, except in cases of willful misconduct
[or], gross negligence, recklessness or bad faith, any person,
firm, corporation or an agent or employee of any of them engaged
in [disaster] emergency services activities, while complying
with or attempting to comply with this part or any rule or
regulation promulgated pursuant to the provisions of this part,
shall be liable for the death of or any injury to persons or
loss or damage to property as a result of that activity.
* * *
Amend Bill, page 12, line 7, by striking out "3" and
inserting
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