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                                                       PRINTER'S NO. 954

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 792 Session of 2005


        INTRODUCED BY DALLY, ARMSTRONG, BARRAR, BASTIAN, BEBKO-JONES,
           BELARDI, BUXTON, CALTAGIRONE, CAPPELLI, CLYMER, CORRIGAN,
           CRAHALLA, CREIGHTON, DALEY, DeWEESE, GEIST, GEORGE, GOOD,
           GOODMAN, GRUCELA, HENNESSEY, HESS, HUTCHINSON, KILLION,
           LaGROTTA, McILHATTAN, R. MILLER, S. MILLER, PHILLIPS,
           REICHLEY, ROBERTS, SAINATO, SAYLOR, SCAVELLO, SOLOBAY,
           STABACK, E. Z. TAYLOR, TIGUE, WALKO, HARHART, CAUSER, HARRIS,
           YOUNGBLOOD AND DENLINGER, MARCH 14, 2005

        REFERRED TO COMMITTEE ON JUDICIARY, MARCH 14, 2005

                                     AN ACT

     1  Amending Title 42 (Judiciary and Judicial Procedure) of the
     2     Pennsylvania Consolidated Statutes, further providing for
     3     volunteer firefighter civil immunity; and further defining
     4     "local agency" for purposes of matters affecting government
     5     units.

     6     The General Assembly of the Commonwealth of Pennsylvania
     7  hereby enacts as follows:
     8     Section 1.  Sections 8332.3 and 8501 of Title 42 of the
     9  Pennsylvania Consolidated Statutes are amended to read:
    10  § 8332.3.  Volunteer firefighter civil immunity.
    11     Volunteer firefighters shall be treated as public employees
    12  and volunteer firefighter companies shall be treated as local
    13  agencies as defined in section 8501 (relating to definitions).
    14  This section shall not be construed to reduce or eliminate any
    15  other immunity provided to volunteer firefighters by law.
    16  § 8501.  Definitions.


     1     The following words and phrases when used in this chapter
     2  shall have, unless the context clearly indicates otherwise, the
     3  meanings given to them in this section:
     4     * * *
     5     "Local agency."  A government unit other than the
     6  Commonwealth government. The term includes, but is not limited
     7  to, an intermediate unit; [municipalities] a municipality
     8  cooperating in the exercise or performance of governmental
     9  functions, powers or responsibilities under 53 Pa.C.S. Ch. 23
    10  Subch. A (relating to intergovernmental cooperation); [and
    11  councils] a council of government and any other [entities]
    12  entity created by two or more municipalities under 53 Pa.C.S.
    13  Ch. 23 Subch. A[.]; and a volunteer firefighter company,
    14  regardless of whether the company has been or is created
    15  pursuant to relevant law or officially accorded the status of
    16  such a company by the political subdivision which it serves.
    17     Section 2.  This act shall apply to a cause of action that
    18  accrues on or after the effective date of this section.
    19     Section 3.  This act shall take effect in 60 days.








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