2012 Pennsylvania Consolidated Statutes
Title 42 - JUDICIARY AND JUDICIAL PROCEDURE
Chapter 85 - Matters Affecting Government Units
Section 8501 - Definitions
CHAPTER 85
MATTERS AFFECTING GOVERNMENT UNITS
Subchapter
A. General Provisions
B. Actions Against Commonwealth Parties
C. Actions Against Local Parties
Enactment. Present Chapter 85 was added October 5, 1980, P.L.693, No.142, effective in 60 days.
Prior Provisions. Former Chapter 85, which related to matters affecting the Commonwealth, was added April 28, 1978, P.L.202, No.53, and repealed October 5, 1980, P.L.693, No.142, effective in 60 days.
Cross References. Chapter 85 is referred to in sections 761, 5522, 8332.5 of this title; section 7505 of Title 32 (Forests, Waters and State Parks); section 2385 of Title 34 (Game); section 2212 of Title 66 (Public Utilities); section 9117 of Title 74 (Transportation).
SUBCHAPTER A
GENERAL PROVISIONS
Sec.
8501. Definitions.
8502. Enforcement proceedings.
§ 8501. Definitions.
The following words and phrases when used in this chapter shall have, unless the context clearly indicates otherwise, the meanings given to them in this section:
"Act." Includes a failure to act.
"Commonwealth party." A Commonwealth agency and any employee thereof, but only with respect to an act within the scope of his office or employment.
"Employee." Any person who is acting or who has acted on behalf of a government unit whether on a permanent or temporary basis, whether compensated or not and whether within or without the territorial boundaries of the government unit, including any volunteer fireman and any elected or appointed officer, member of a governing body or other person designated to act for the government unit. Independent contractors under contract to the government unit and their employees and agents and persons performing tasks over which the government unit has no legal right of control are not employees of the government unit.
"Injury." Includes death.
"Judicial determination." Any determination by a court of competent jurisdiction including any settlement approved by such court.
"Local agency." A government unit other than the Commonwealth government. The term includes, but is not limited to, an intermediate unit; municipalities cooperating in the exercise or performance of governmental functions, powers or responsibilities under 53 Pa.C.S. Ch. 23 Subch. A (relating to intergovernmental cooperation); and councils of government and other entities created by two or more municipalities under 53 Pa.C.S. Ch. 23 Subch. A.
(Dec. 20, 2000, P.L.946, No.129, eff. 60 days)
2000 Amendment. Act 129 amended the def. of "local agency."
Prior Provisions. Former section 8501 was added April 28 1978, P.L.202, No.53, and repealed October 5, 1980, P.L.693, No.142. The subject matter of former section 8501 is now contained in section 8502 of this title.
Cross References. Section 8501 is referred to in sections 1123, 1515, 8332.3 of this title; section 1711 of Title 74 (Transportation).
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