PRINTER'S NO. 1109
No. 1001 Session of 1979
INTRODUCED BY GOEBEL, TRELLO, BROWN, HELFRICK, ZORD AND CESSAR,
APRIL 23, 1979
REFERRED TO COMMITTEE ON LOCAL GOVERNMENT, APRIL 23, 1979
AN ACT
1 Amending the act of November 26, 1978 (P.L.1399, No.330),
2 entitled "An act providing a comprehensive procedure for the
3 presentation of tort claims against political subdivisions,"
4 further defining "employee of a political subdivision"
5 insofar as it relates to volunteer firemen.
6 The General Assembly of the Commonwealth of Pennsylvania
7 hereby enacts as follows:
8 Section 1. The definition of "employee of a political
9 subdivision" in section 102, act of November 26, 1978 (P.L.1399,
10 No.330), known as the "Political Subdivision Tort Claims Act,"
11 is amended to read:
12 Section 102. Definitions.
13 The following words and phrases when used in this act shall
14 have, unless the context clearly indicates otherwise, the
15 meanings given to them in this section:
16 * * *
17 "Employee of a political subdivision." Any person who is
18 acting or who has acted on behalf of a political subdivision
19 whether on a permanent or temporary basis, whether compensated
1 or not and whether within or without the territorial boundaries
2 of the political subdivision, including [any volunteer fireman
3 and] any elected or appointed officer, member of a governing
4 body or other person designated to act for the political
5 subdivision; provided, however, that independent contractors
6 under contract to the political subdivision and their employees
7 and agents and persons performing tasks over which the political
8 subdivision has no legal right of control are not employees of
9 the political subdivision. Volunteer firemen shall be considered
10 "employees of a political subdivision" for the purposes of this
11 act while engaged in any of the following:
12 (1) Fighting fires.
13 (2) Going to or returning from any fire or emergency in
14 which the fireman's company attended; including travel from
15 and return to the firemen's home, place of business or other
16 place where he was when the call or alarm was received.
17 (3) Participating in firefighting or emergency
18 instruction or drills.
19 (4) Repairing or doing other work on the firefighting
20 apparatus or buildings and grounds of the company upon the
21 authorization of the chief or president or other person in
22 charge.
23 (5) Answering any other emergency call on which the
24 volunteer fire company is summoned.
25 * * *
26 Section 2. This act shall take effect in 60 days.
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