PRINTER'S NO. 2422
No. 1889 Session of 1989
INTRODUCED BY JACKSON, NOYE, FARGO, SCHULER, SCHEETZ, HALUSKA,
BARLEY, MORRIS, J. L. WRIGHT, D. F. CLARK, ARGALL, DEMPSEY,
GEIST, LANGTRY, BUNT, SAURMAN, DISTLER, MERRY, E. Z. TAYLOR
AND FLICK, SEPTEMBER 26, 1989
REFERRED TO COMMITTEE ON JUDICIARY, SEPTEMBER 26, 1989
AN ACT
1 Amending Title 42 (Judiciary and Judicial Procedure) of the
2 Pennsylvania Consolidated Statutes, further providing for the
3 volunteer-in-public-service negligence standard.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Section 8332.4(a) of Title 42 of the Pennsylvania
7 Consolidated Statutes is amended to read:
8 § 8332.4. Volunteer-in-public-service negligence standard.
9 (a) General rule.--Except as provided otherwise in this
10 section, no person who, without compensation and as a volunteer,
11 renders public services for a nonprofit organization under
12 section 501(c)(3) [or (4)], (4) or (7) of the Internal Revenue
13 Code of 1986 (68A Stat. 3, 26 U.S.C. § 501(c)(3) [or (4)], (4)
14 or (7)), for an association that is sponsored by or affiliated
15 with a nonprofit organization under section 501(c)(3), (4) or
16 (7) of the Internal Revenue Code of 1986, or for a Commonwealth
17 or local government agency conducting or sponsoring a public
1 service program or project shall be liable to any person for any
2 civil damages as a result of any acts or omissions in rendering
3 such services unless the conduct of such person falls
4 substantially below the standards generally practiced and
5 accepted in like circumstances by similar persons rendering such
6 services and unless it is shown that such person did an act or
7 omitted the doing of an act which such person was under a
8 recognized duty to another to do, knowing or having reason to
9 know that such act or omission created a substantial risk of
10 actual harm to the person or property of another. It shall be
11 insufficient to impose liability to establish only that the
12 conduct of such person fell below ordinary standards of care.
13 * * *
14 Section 2. This act shall take effect in 60 days.
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