PRINTER'S NO. 4239
No. 2810 Session of 2002
INTRODUCED BY NAILOR, SAYLOR, SOLOBAY, B. SMITH, ALLEN, ARGALL,
M. BAKER, BELFANTI, BROOKS, CAPPELLI, CORRIGAN, COSTA, COY,
CURRY, DALEY, J. EVANS, FAIRCHILD, FLEAGLE, GEIST, GEORGE,
GRUCELA, HALUSKA, HARHAI, HARPER, HERSHEY, HORSEY, JAMES,
KELLER, LEH, LEVDANSKY, MANN, MARSICO, McCALL, McNAUGHTON,
MELIO, R. MILLER, S. MILLER, PHILLIPS, PICKETT, READSHAW,
RUBLEY, SCAVELLO, SCRIMENTI, SEMMEL, SHANER, R. STEVENSON,
STRITTMATTER, E. Z. TAYLOR, J. TAYLOR, TIGUE, TRELLO, TURZAI,
WATSON, WILT, YOUNGBLOOD AND ZUG, JULY 24, 2002
REFERRED TO COMMITTEE ON JUDICIARY, JULY 24, 2002
AN ACT
1 Amending Title 42 (Judiciary and Judicial Procedure) of the
2 Pennsylvania Consolidated Statutes, providing for certain
3 immunity for persons who donate vehicles and equipment to
4 volunteer fire companies.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. Title 42 of the Pennsylvania Consolidated
8 Statutes is amended by adding a section to read:
9 § 8338.1. Liability for damages from donated vehicles or
10 equipment to volunteer fire companies.
11 (a) General rule.--A person is not subject to civil or
12 criminal liability arising from the nature or condition of
13 vehicles or equipment which was reasonably believed to be in
14 good condition which were donated in good faith to a volunteer
15 fire company. This section does not apply to an injury or death
1 to any person that results from an act or omission of the donor
2 constituting gross negligence, recklessness or intentional
3 misconduct.
4 (b) Nonliability.--This section does not create any
5 liability.
6 (c) Definitions.--As used in this section, the following
7 words and phrases shall have the meanings given to them in this
8 subsection:
9 "Donate." To give or distribute without requiring anything
10 of monetary value from the ultimate recipient. For purposes of
11 this section, a nonprofit organization may donate to another
12 nonprofit organization, notwithstanding that the donor
13 organization has charged a processing fee to the donee
14 organization, provided the ultimate recipient or user is not
15 required to give anything of monetary value.
16 "Nonprofit organization." An incorporated or unincorporated
17 organization that has been incorporated or established and is
18 operating for religious, charitable or education purposes and
19 that does not distribute any of its income to its members,
20 directors or officers.
21 "Person." Any individual, corporation, partnership,
22 organization, association or government entity. In the case of a
23 corporation, partnership, organization, association or
24 governmental entity, the term also includes, but is not limited
25 to, the officers, directors, partners, deacons, trustees,
26 council members or other elected or appointed individuals
27 responsible for the governance of such entity.
28 Section 2. This act shall take effect in 60 days.
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