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PRINTER'S NO. 2579
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2213
Session of
2022
INTRODUCED BY KLUNK, RYAN, ROWE, MOUL, BOBACK, RADER, BERNSTINE,
METCALFE, PICKETT, HERSHEY AND JONES, JANUARY 10, 2022
REFERRED TO COMMITTEE ON CHILDREN AND YOUTH, JANUARY 10, 2022
AN ACT
Providing for limitation on damages in action against children
and youth social service agency.
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 Action Against Children and Youth Social Service
Agency 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
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damages) if the injuries to the plaintiff were caused by actions
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 enumerated 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. Effective date.
This act shall take effect immediately.
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