PRINTER'S NO. 3792
No. 2670 Session of 1986
INTRODUCED BY FLICK, O'BRIEN, HERSHEY, TRELLO, PITTS AND
COLAFELLA, JUNE 25, 1986
REFERRED TO COMMITTEE ON JUDICIARY, JUNE 25, 1986
AN ACT
1 Amending Title 42 (Judiciary and Judicial Procedure) of the
2 Pennsylvania Consolidated Statutes, clarifying the
3 definitions of "Commonwealth party" and "local agency"; and
4 further clarifying the provision of legal assistance to
5 Commonwealth parties.
6 The General Assembly of the Commonwealth of Pennsylvania
7 hereby enacts as follows:
8 Section 1. Sections 8501, 8523 and 8525 of Title 42 of the
9 Pennsylvania Consolidated Statutes are amended to read:
10 § 8501. Definitions.
11 The following words and phrases when used in this chapter
12 shall have, unless the context clearly indicates otherwise, the
13 meanings given to them in this section:
14 "Act." Includes a failure to act.
15 "Commonwealth party." A Commonwealth agency, which includes
16 authorities functioning pursuant to the act of April 6, 1956
17 (1955 P.L.1414, No.465), known as the Second Class County Port
18 Authority Act, and section 303 of the act of January 22, 1968
19 (P.L.42, No.8), known as the Pennsylvania Urban Mass
1 Transportation Law, and any employee thereof, but only with
2 respect to an act within the scope of his office or employment.
3 "Employee." Any person who is acting or who has acted on
4 behalf of a government unit whether on a permanent or temporary
5 basis, whether compensated or not and whether within or without
6 the territorial boundaries of the government unit, including any
7 volunteer fireman and any elected or appointed officer, member
8 of a governing body or other person designated to act for the
9 government unit. Independent contractors under contract to the
10 government unit and their employees and agents and persons
11 performing tasks over which the government unit has no legal
12 right of control are not employees of the government unit.
13 "Injury." Includes death.
14 "Judicial determination." Any determination by a court of
15 competent jurisdiction including any settlement approved by such
16 court.
17 "Local agency." A government unit other than [the] a
18 Commonwealth [government] party. The term includes [an]
19 intermediate [unit] units and municipal authorities formed and
20 existing under the provisions of the act of May 2, 1945
21 (P.L.382, No.164), known as the Municipality Authorities Act of
22 1945.
23 § 8523. Venue and process.
24 (a) Venue.--Actions for claims against a Commonwealth party
25 may be brought in and only in a county in which the principal or
26 local office of the Commonwealth party is located or in which
27 the cause of action arose or where a transaction or occurrence
28 took place out of which the cause of action arose. If venue is
29 obtained in the Twelfth Judicial District (Dauphin County)
30 solely because the principal office of the Commonwealth party is
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1 located within it, any judge of the Court of Common Pleas of
2 Dauphin County shall have the power to transfer the action to
3 any appropriate county where venue would otherwise lie.
4 (b) Process.--Service of process in the case of an action
5 against the Commonwealth or a Commonwealth party shall be made
6 at the principal or local office of the Commonwealth [agency]
7 party that is being sued and, except as provided in section 8525
8 (relating to legal assistance), at the office of the Attorney
9 General.
10 § 8525. Legal assistance.
11 When an action is brought under this subchapter against an
12 employee of the Commonwealth government, and it is alleged that
13 the act of the employee which gave rise to the claim was within
14 the scope of the office or duties of the employee, the
15 Commonwealth through the Attorney General shall defend the
16 action, unless the Attorney General determines that the act did
17 not occur within the scope of the office or duties of the
18 employee. In the latter case, if it is subsequently determined
19 that the act occurred within the scope of the office or duties
20 of the employee, the Commonwealth shall reimburse the employee
21 for the expense of his legal defense in such amounts as shall be
22 determined to be reasonable by the court. If an action is
23 brought against a Commonwealth government employee for damages
24 on account of injury to a person or property and it is not
25 alleged that the act of the employee which gave rise to the
26 claim was within the scope of his office or duties, and he
27 successfully defends the action on the basis that the act was
28 within the scope of his office or duties, and he has given prior
29 notice to the Attorney General and the Attorney General has
30 refused to defend the action, he shall likewise be entitled to
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1 the reasonable expenses of the defense. Notwithstanding anything
2 to the contrary in this section or in section 5522 (relating to
3 six months limitation) or 8523(b) (relating to venue and
4 process), the Attorney General shall not represent, and notices
5 shall not be served on the Attorney General concerning actions
6 brought against, authorities functioning pursuant to the act of
7 April 6, 1956 (1955 P.L.1414, No.465), known as the Second Class
8 County Port Authority Act, and section 303 of the act of January
9 22, 1968 (P.L.42, No.8), known as the Pennsylvania Urban Mass
10 Transportation Law. Instead, the provisions of sections 8547
11 (relating to legal assistance) through 8550 (relating to willful
12 misconduct) shall apply to those authorities and the original
13 jurisdiction of the Commonwealth Court shall not extend to those
14 authorities.
15 Section 2. All acts and parts of acts are repealed insofar
16 as they are inconsistent with this act.
17 Section 3. This act clarifies existing law and shall be
18 applied to all matters within the jurisdiction of any court on
19 the effective date of this act.
20 Section 4. This act shall take effect immediately.
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