PRINTER'S NO. 3358
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2310
Session of
2020
INTRODUCED BY DRISCOLL, McNEILL, MURT, HILL-EVANS, YOUNGBLOOD,
ROZZI, NEILSON AND HOHENSTEIN, FEBRUARY 24, 2020
REFERRED TO COMMITTEE ON JUDICIARY, FEBRUARY 24, 2020
AN ACT
Amending Title 42 (Judiciary and Judicial Procedure) of the
Pennsylvania Consolidated Statutes, in immunities generally,
further providing for volunteer-in-public-service negligence
standard.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 8332.4 of Title 42 of the Pennsylvania
Consolidated Statutes is amended to read:
§ 8332.4. Volunteer-in-public-service negligence standard.
(a) Services covered.--
[(1) Except as provided otherwise in this section, no
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
Commonwealth or local government agency conducting or
sponsoring a public service program or project shall be
liable to any person for any civil damages as a result of any
acts or omissions in rendering such services unless the
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conduct of such person falls substantially below the
standards generally practiced and accepted in like
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.
(2) Except as provided otherwise in this section, no
design professional who, without compensation and as a
volunteer, provides professional services related to a
declared national, State or local emergency caused by a major
earthquake, hurricane, tornado, explosion, collapse or other
similar disaster or catastrophic event at the request of or
with the approval of a Federal, State or local public
official, law enforcement official, public safety official or
building inspection official acting in an official capacity
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
person or property of another. It shall be insufficient to
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impose liability to establish only that the conduct of such
design professional fell below ordinary standards of care.]
Except as provided in this section, the following persons and
organizations shall not be liable for any civil damages as a
result of any acts or omissions in rendering a volunteer
public service program or project:
(1) a person who, without compensation and as a
volunteer for a public service program or project, renders
public services for a volunteer park organization or for a
Commonwealth agency or political subdivision; or
(2) a volunteer park organization conducting a public
service program or project, including the organization's
officers and directors in any circumstance in which the
officer or director is subject to personal liability as a
representative of the organization.
(a.1) Limitation on exemption.--The provisions of subsection
(a) shall not apply if:
(1) the conduct of the person or organization under
subsection (a) falls substantially below the standards
generally practiced and accepted in like circumstances by
similar persons or organizations rendering similar services,
programs or projects; and
(2) it is shown that the person or organization
conducted or omitted any act that the person or organization
was under a recognized duty to another to do, knowing or
having reason to know that the act or omission created a
substantial risk of actual harm to the person or property of
another.
(a.2) Standard of conduct.--A person or organization
identified in subsection (a.1)(1) or (2) shall not be liable if
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a claimant establishes only that the person's or volunteer park
organization's conduct fell below the standard of ordinary
negligence.
(b) Exceptions.--The following limitations shall apply:
(1) [Nothing in this section shall be construed as
affecting or modifying the liability of such person for acts
or omissions relating to the transportation of participants
in a public service program or project or others to or from a
public service program or project.] Nothing in this section
shall be construed to limit, affect, modify or otherwise
preclude the liability of a person or volunteer park
organization for gross negligence, intentional misconduct,
reckless misconduct or for acts or omissions relating to the
transportation of participants in a public service program or
project or others to or from a public service program or
project.
(2) [Nothing in this section shall be construed as
affecting or modifying any existing legal basis for
determining the liability, or any defense thereto, of any
person not covered by the standard of negligence established
by this section.] Nothing in this section shall be construed
to limit, affect or modify any legal basis for determining
the liability, or any defense to liability, of any person or
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.
(d) Construction.--The negligence standard created by this
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section shall not be deemed to abrogate or lessen any immunity
or other protection against liability granted by statute or
court decision.
(e) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection:
"Compensation." The term shall not include reimbursement for
reasonable expenses actually incurred or to be incurred in
connection with public services for a volunteer park
organization or for the Commonwealth or an agency of a political
subdivision.
"Design professional." An individual licensed by the
Commonwealth of Pennsylvania as an architect, geologist, land
surveyor, landscape architect or professional engineer.
"Public service program or project." An organized program or
project, or other public service ordinarily conducted or
rendered by [volunteers] a volunteer park organization on or in
a publicly accessible recreation facility, including a ball
field, forest, lake, park, reservoir, wetland, wildlife preserve
or woodland or any building or other structure used by users of
a recreation facility.
"Volunteer park organization." An independent volunteer-
based not-for-profit organization that is dedicated to the care,
enhancement, preservation, restoration or maintenance of a
publicly accessible recreation facility or public service
program or project.
Section 2. This act shall take effect in 60 days.
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