PRINTER'S NO. 1223
No. 928 Session of 2005
INTRODUCED BY THOMPSON, ROBBINS, STOUT, WOZNIAK, LEMMOND,
D. WHITE, PILEGGI, ERICKSON, PIPPY, ORIE, MUSTO, COSTA,
O'PAKE, WENGER, EARLL, C. WILLIAMS, TOMLINSON, WONDERLING,
BOSCOLA AND RAFFERTY, OCTOBER 17, 2005
REFERRED TO LOCAL GOVERNMENT, OCTOBER 17, 2005
AN ACT
1 Amending Title 35 (Health and Safety) of the Pennsylvania
2 Consolidated Statutes, authorizing certain donations by
3 political subdivisions.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Title 35 of the Pennsylvania Consolidated
7 Statutes is amended by adding a section to read:
8 § 7702.1. Donations by political subdivisions.
9 (a) Authorization.--Subject to restrictions in subsection
10 (b), a political subdivision in this Commonwealth may give,
11 grant or lend services, manpower, materials, supplies,
12 equipment, facilities and funds to any of the following:
13 (1) To any political subdivision in this Commonwealth in
14 which the Governor, pursuant to section 7301(c) (relating to
15 general authority of Governor), or the governing body of a
16 political subdivision, pursuant to section 7501(b) (relating
17 to general authority of political subdivisions), has issued a
1 declaration of disaster emergency.
2 (2) To any political subdivision within the United
3 States that is within an area in which the President of the
4 United States, pursuant to 42 U.S.C. Ch. 68 (relating to
5 disaster relief), has issued a declaration of a major
6 disaster or emergency.
7 (b) Restrictions.--The following restrictions shall apply to
8 a gift, grant or loan made in accordance with subsection (a):
9 (1) The governing body of the political subdivision
10 making the gift, grant or loan must make a determination that
11 the services, manpower, materials, supplies, equipment,
12 facilities or funds to be given, granted or lent are not
13 necessary to meet the current and reasonably foreseeable
14 needs of the donating political subdivision.
15 (2) A gift, grant or loan made in accordance with this
16 section shall be made within 60 days after a declaration of a
17 disaster emergency under section 7301(c) or 7501(b), or a
18 major disaster or emergency under 42 U.S.C. Ch. 68.
19 (c) Mutual aid agreements.--A gift, grant or loan may be
20 made in accordance with this section notwithstanding the
21 provisions in section 7504(c) (relating to coordination,
22 assistance and mutual aid).
23 (d) Advertising and competitive bidding or auction.--
24 Restrictions and limitations on the disposition of personal
25 property by a political subdivision, including advertising and
26 bidding or auction requirements, shall not apply to a gift,
27 grant or loan made in accordance with this section.
28 (e) Immunity from civil liability.--The provisions of
29 section 7704 (relating to immunity from civil liability) shall
30 apply to a political subdivision that makes a gift, grant or
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1 loan in accordance with this section.
2 (f) Workers' compensation insurance.--Unless other provision
3 is made for workers' compensation insurance, a political
4 subdivision making a gift, grant or loan in accordance with this
5 section shall be responsible for providing, directly or by
6 agreement with the political subdivision receiving the gift,
7 grant or loan, workers' compensation insurance for its employees
8 whose manpower and services are being donated.
9 Section 2. This act shall take effect in 60 days.
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