PRINTER'S NO. 4119
No. 2913 Session of 1990
INTRODUCED BY VEON, COHEN, BLAUM, COWELL, PRESSMANN, STABACK,
JOSEPHS, TANGRETTI, McNALLY, BILLOW, TIGUE, PISTELLA, TRELLO,
RITTER, GIGLIOTTI AND FREEMAN, SEPTEMBER 26, 1990
REFERRED TO COMMITTEE ON JUDICIARY, SEPTEMBER 26, 1990
AN ACT
1 Amending Title 42 (Judiciary and Judicial Procedure) of the
2 Pennsylvania Consolidated Statutes, prohibiting the
3 concealment of a public hazard.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Title 42 of the Pennsylvania Consolidated
7 Statutes is amended by adding a section to read:
8 § 7104. Concealment of public hazards.
9 (a) Agreement or contract to conceal public hazard
10 unenforceable.--Any portion of an agreement or contract that has
11 as its purpose or effect the concealment of a public hazard is
12 void and may not be enforced.
13 (b) Order to conceal public hazard prohibited.--A court may
14 not enter an order that has as its purpose or effect the
15 concealment of a public hazard.
16 (c) Penalty.--A person who intentionally, knowingly or
17 recklessly conceals a public hazard commits a misdemeanor of the
18 first degree.
1 (d) Standing.--Any person has standing to contest an order
2 that violates this section.
3 (e) Procedure and venue.--A person may contest an order that
4 violates this section by bringing an action in any court of
5 competent jurisdiction.
6 (f) Attorney fees.--Any party or attorney that prevails in
7 litigation under this section shall have the right to petition
8 the court for attorney fees and costs to be charged against the
9 losing or settling party.
10 (g) Applicability.--This section applies only to an order
11 rendered or a contract or agreement entered into on or after the
12 effective date of this section. An order rendered or a contract
13 or agreement entered into before the effective date of this
14 section is governed by the law in effect at the time the order
15 was rendered or the contract or agreement was entered into and
16 that law is continued in effect for that purpose.
17 (h) Definition.--As used in this section, the term "public
18 hazard" means an instrument, device or substance or a condition
19 of an instrument, device or substance, that has caused or may
20 cause bodily injury to more than one individual.
21 Section 2. This act shall take effect in 60 days.
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