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PRINTER'S NO. 181
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
211
Session of
2021
INTRODUCED BY PHILLIPS-HILL, STEFANO, MASTRIANO, ARGALL,
J. WARD, MENSCH, PITTMAN, BROOKS AND SCAVELLO,
FEBRUARY 11, 2021
REFERRED TO JUDICIARY, FEBRUARY 11, 2021
AN ACT
Amending Title 42 (Judiciary and Judicial Procedure) of the
Pennsylvania Consolidated Statutes, in particular rights and
immunities, providing for protected business operations.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 42 of the Pennsylvania Consolidated
Statutes is amended by adding a section to read:
§ 8340.4. Protected business operations.
(a) General rule.--Except as provided in subsection (b), a
person is immune from civil and criminal liability and from
imposition of an administrative sanction, including any
liability or sanction imposed by a professional or occupational
licensing board or commission, for engaging in a protected
business operation.
(b) Exception.--Subsection (a) does not apply to a liability
arising from, or an imposition based upon, the person causing
actual harm.
(c) Definitions.--As used in this section, the following
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words and phrases shall have the meanings given to them in this
subsection unless the context clearly indicates otherwise:
"Actual harm." A documented injury or illness that is
directly and proximately caused by the interaction with the
person or an agent of the person.
"Protected business operation." Any of the following during
a declared disaster emergency made under 35 Pa.C.S. § 7301(c)
(relating to general authority of Governor) or after an order is
issued under the act of April 23, 1956 (1955 P.L.1510, No.500),
known as the Disease Prevention and Control Law of 1955:
(1) Conducting a business transaction.
(2) Keeping a physical business location open.
Section 2. This act shall take effect immediately.
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