PRINTER'S NO. 2987

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

2056

Session of

2018

INTRODUCED BY BOBACK, MILLARD, GILLEN AND ROZZI,

FEBRUARY 5, 2018

REFERRED TO COMMITTEE ON JUDICIARY, FEBRUARY 5, 2018

hereby enacts as follows:

Section 1. Section 8332.4(a), (b) and (c) of Title 42 of the

Pennsylvania Consolidated Statutes are amended to read:

§ 8332.4. Volunteer-in-public-service negligence standard.

(a) Services covered.--

person who, without compensation and as a volunteer, renders

public services for a nonprofit organization under section

501(c)(3), (4) or (6) of the Internal Revenue Code of 1986

(68A Stat. 3, 26 U.S.C. § 501(c)(3), (4) or (6)) or for a

circumstances by similar persons rendering such services and

unless it is shown that such person did an act or omitted the

doing of an act which such person was under a recognized duty

to another to do, knowing or having reason to know that such

act or omission created a substantial risk of actual harm to

the person or property of another. It shall be insufficient

to impose liability to establish only that the conduct of

such person fell below ordinary standards of care.

design professional who, without compensation and as a

volunteer, provides professional services related to a

shall be liable to any person for any civil damages as a

result of any acts or omissions in rendering such services

unless the conduct of such design professional falls

substantially below the standards generally practiced and

accepted in like circumstances by similar persons rendering

such professional services and unless it is shown that such

design professional did an act or omitted the doing of an act

which such design professional was under a recognized duty to

another to do, knowing or having reason to know that such act

or omission created a substantial risk of actual harm to the

nonprofit organization under section 501(c)(3), (4) or (6) of

the Internal Revenue Code of 1986 shall be liable for an act

or omission of any person acting as a volunteer for the

nonprofit organization unless the nonprofit organization

would be liable for the act or omission under generally

applicable laws governing the direct or vicarious liability

of nonprofit organizations and the nonprofit organization

expressly authorized the specific act or omission that

produced the harm.

(b) Exceptions.--

affecting or modifying any existing legal basis for

determining the liability, or any defense thereto, of any

person or nonprofit organization not covered by the standard

of negligence established by this section.

(c) Assumption of risk or contributory fault.--Nothing in

this section shall be construed as affecting or modifying the

doctrine of assumption of risk or contributory fault on the part

of the participant or nonprofit organization.

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