PRINTER'S NO. 4027
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
444
Session of
2020
INTRODUCED BY KLUNK, KAUFFMAN, PICKETT, RADER, RIGBY AND ROWE,
JUNE 29, 2020
REFERRED TO COMMITTEE ON CHILDREN AND YOUTH, JUNE 29, 2020
AN ACT
Providing for limitation on damages in actions against entities
for children.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the Limitation
on Damages in Actions Against Entities for Children Act.
Section 2. Limitation on damages.
(a) General rule.--Except as provided in subsection (b), an
action for damages against a nonprofit organization as defined
under section 501(c)(3) of the Internal Revenue Code of 1986
(Public Law 99-514, 26 U.S.C. § 501(c)(3)) that is subject to
the requirements of 55 Pa. Code Ch. 3680 (relating to
administration and operation of a children and youth social
service agency) or 55 Pa. Code Ch. 3800 (relating to child
residential and day treatment facilities) shall be limited as
provided under 42 Pa.C.S. § 8553 (relating to limitations on
damages) if the injuries to the plaintiff were caused by actions
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or omissions of the nonprofit organization.
(b) Exception.--The limitation provided in subsection (a)
shall not apply to a claim arising from conduct that constitutes
an offense under 42 Pa.C.S. § 5551(7) (relating to no limitation
applicable), if the injuries to the plaintiff were caused by
actions or omissions of the nonprofit organization.
Section 3. Applicability.
This act shall apply to causes of action arising during the
proclamation of disaster emergency issued by the Governor on
March 6, 2020, published at 50 Pa.B. 1644 (March 21, 2020), and
any renewal of the state of disaster emergency.
Section 4. Effective date.
This act shall take effect immediately.
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