Section 302

Section 302. Powers and Functions of the House.

(a) Except as otherwise provided in Sections 841, 901, 902 and 906 of the Bylaws, all voting rights of Members of the Association, as such, shall be exercised by and through the House of Delegates.

(b) The House shall have full power to conduct, manage and direct the business and affairs of the Association. It shall supervise and direct the Board of Governors, officers, Sections, Committees, employees and agents of the Association. It is the judge of the election and qualifications of its members.

(c) A member of the House of Delegates shall not be personally liable for monetary damages, as such, for any action taken, or any failure to take any action, unless the Delegate has both

(1) breached or failed to perform the duties of the office under 15 Pa.C.S. Subch 57B relating to performance of a Delegate’s duties and

(2) such breach or failure to perform constitutes self-dealing, willful misconduct or recklessness.

The foregoing exemption from liability shall be retroactive to the fullest extent permitted by law. This exemption from liability shall not apply to the responsibility or liability of a Delegate pursuant to any criminal statute or the liability for the payment of taxes pursuant to local, State or Federal law. Any repeal or modification of this subsection shall be prospective only, and shall not adversely affect any limitation on the personal liability of a Delegate existing at the time of such repeal or modification.