PRINTER'S NO. 1640
No. 1405 Session of 1987
INTRODUCED BY FLICK, RYBAK, GODSHALL, MAIALE, ARGALL, FARGO,
PITTS, SCHEETZ, SCHULER, NOYE, SHOWERS, VAN HORNE, COWELL,
MORRIS, BOWSER, LaGROTTA, TRUMAN, COY, CARLSON, HECKLER,
SAURMAN, HERSHEY, KENNEY, NAHILL, BUSH, CIVERA, DORR, SEMMEL,
MERRY, FISCHER, BOYES, FOX, CHADWICK, SIRIANNI, BUNT, GEIST,
O'BRIEN, BARLEY, BELFANTI, J. TAYLOR, DISTLER, KASUNIC,
E. Z. TAYLOR, TIGUE, GRUPPO, DeLUCA, RITTER, BATTISTO,
LANGTRY AND R. C. WRIGHT, MAY 27, 1987
REFERRED TO COMMITTEE ON JUDICIARY, MAY 27, 1987
AN ACT
1 Amending Title 42 (Judiciary and Judicial Procedure) of the
2 Pennsylvania Consolidated Statutes, providing for a
3 volunteer-in-public-service and nonprofit association
4 negligence standard in the conduct of certain public service
5 programs or projects; and providing a negligence standard for
6 officers, directors and trustees or nonprofit organizations.
7 The General Assembly of the Commonwealth of Pennsylvania
8 hereby enacts as follows:
9 Section 1. Title 42 of the Pennsylvania Consolidated
10 Statutes is amended by adding a section to read:
11 § 8332.4. Volunteer-in-public-service and nonprofit association
12 negligence standard.
13 (a) General rule.--Except as provided otherwise in this
14 section, no person who, without compensation and as a volunteer,
15 renders public services and no nonprofit association, or any
16 officer or employee thereof, conducting or sponsoring a public
17 service program or project shall be liable to any person for any
1 civil damages as a result of any acts or omissions in rendering
2 such services or in conducting or sponsoring a public program or
3 project unless the conduct of such person or nonprofit
4 association falls substantially below the standards generally
5 practiced and accepted in like circumstances by similar persons
6 or similar nonprofit associations rendering such services or
7 conducting public programs or projects, and unless it is shown
8 that such person or nonprofit association did an act or omitted
9 the doing of an act which such person or nonprofit association
10 was under a recognized duty to another to do, knowing or having
11 reason to know that such act or omission created a substantial
12 risk of actual harm to the person or property of another. It
13 shall be insufficient to impose liability to establish only that
14 the conduct of such person or nonprofit association fell below
15 ordinary standards of care.
16 (b) Exceptions.--
17 (1) Nothing in this section shall be construed as
18 affecting or modifying the liability of such person or
19 nonprofit association for acts or omissions relating to the
20 transportation of participants in a public service program or
21 project or others to or from a public service program or
22 project.
23 (2) Nothing in this section shall be construed as
24 affecting or modifying any existing legal basis for
25 determining the liability, or any defense thereto, of any
26 person not covered by the standard of negligence established
27 by this section.
28 (c) Assumption of risk or contributory fault.--Nothing in
29 this section shall be construed as affecting or modifying the
30 doctrine of assumption of risk or contributory fault on the part
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1 of the participant.
2 (d) Construction.--The negligence standard created by this
3 section shall not be deemed to abrogate or lessen any immunity
4 or other protection against liability granted by statute or
5 court decision.
6 (e) Definitions.--As used in this section, the following
7 words and phrases shall have the meanings given to them in this
8 subsection:
9 "Compensation." The term shall not include reimbursement for
10 reasonable expenses actually incurred or to be incurred.
11 "Nonprofit association." An entity which is organized as a
12 nonprofit corporation or nonprofit unincorporated association
13 under the laws of this Commonwealth or the United States, or any
14 entity which is authorized to do business in this Commonwealth
15 as a nonprofit corporation or unincorporated association under
16 the laws of this Commonwealth, including, but not limited to,
17 youth or athletic associations, volunteer fire, ambulance,
18 religious, charitable, fraternal, veterans, civic, county fair
19 or agricultural associations, or any separately chartered
20 auxiliary of the foregoing, if organized and operated on a
21 nonprofit basis.
22 "Public service program or project." An organized program,
23 or other public service ordinarily conducted or rendered by
24 volunteers and nonprofit associations.
25 Section 2. This act shall take effect immediately.
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