Pennsylvania Act 2001-81 — JUDICIAL CODE (42 PA.C.S.) - AMEND VOLUNTEER-IN-PUBLIC-SERVICE NEGLIGENCE STANDARD

Act text

JUDICIAL CODE (42 PA.C.S.) - AMEND VOLUNTEER-IN-PUBLIC-SERVICE NEGLIGENCE
                                 STANDARD
                  Act of Oct. 30, 2001, P.L. 824, No. 81              Cl. 42
                             Session of 2001
                               No. 2001-81

     HB 910

                                  AN ACT

     Amending Title 42 (Judiciary and Judicial Procedure) of the
        Pennsylvania Consolidated Statutes, further providing for the
        volunteer-in-public-service negligence standard.

        The General Assembly of the Commonwealth of Pennsylvania
     hereby enacts as follows:

        Section 1.  Section 8332.4(a) and (e) of Title 42 of the
     Pennsylvania Consolidated Statutes are amended to read:
      § 8332.4.  Volunteer-in-public-service negligence standard.
        (a)  [General rule.--] Services covered.--
            (1)  Except as provided otherwise in this section, no
        person who, without compensation and as a volunteer, renders
        public services for a nonprofit organization under section
        501(c)(3) [or (4)], (4) or (6) of the Internal Revenue Code
        of 1986 (68A Stat. 3, 26 U.S.C. § 501(c)(3) [or (4)], (4) or
        (6)) or for a Commonwealth or local government agency
        conducting or sponsoring a public service program or project
        shall be liable to any person for any civil damages as a
        result of any acts or omissions in rendering such services
        unless the conduct of such person falls substantially below
        the standards generally practiced and accepted in like
        circumstances by similar persons rendering such services and
        unless it is shown that such person did an act or omitted the
        doing of an act which such person was under a recognized duty
        to another to do, knowing or having reason to know that such
        act or omission created a substantial risk of actual harm to
        the person or property of another. It shall be insufficient
        to impose liability to establish only that the conduct of
        such person fell below ordinary standards of care.
            (2)  Except as provided otherwise in this section, no
        design professional who, without compensation and as a
        volunteer, provides professional services related to a
        declared national, State or local emergency caused by a major
        earthquake, hurricane, tornado, explosion, collapse or other
        similar disaster or catastrophic event at the request of or
        with the approval of a Federal, State or local public
        official, law enforcement official, public safety official or
        building inspection official acting in an official capacity
        shall be liable to any person for any civil damages as a
        result of any acts or omissions in rendering such services
        unless the conduct of such design professional falls
        substantially below the standards generally practiced and
        accepted in like circumstances by similar persons rendering
        such professional services and unless it is shown that such
        design professional did an act or omitted the doing of an act
        which such design professional was under a recognized duty to
        another to do, knowing or having reason to know that such act
        or omission created a substantial risk of actual harm to the
        person or property of another. It shall be insufficient to
        impose liability to establish only that the conduct of such
        design professional fell below ordinary standards of care.
        * * *
        (e)  Definitions.--As used in this section, the following
     words and phrases shall have the meanings given to them in this
     subsection:
        "Compensation."  The term shall not include reimbursement for
     reasonable expenses actually incurred or to be incurred.
        "Design professional."  An individual licensed by the
     Commonwealth of Pennsylvania as an architect, geologist, land
     surveyor, landscape architect or professional engineer.
        "Public service program or project."  An organized program,
     or other public service ordinarily conducted or rendered by
     volunteers.
        Section 2.  This act shall take effect in 60 days.

     APPROVED--The 30th day of October, A. D. 2001.

     MARK S. SCHWEIKER